Legal Opinion

Drummond v. Hughes

Supreme Court of New Jersey

Decided June 17, 1918PublishedCited by 3 opinions

On appeal from the Supreme Court. Action by the executors of Wise to recover damages for 1he failure of Hughes to perform properly a contract for the 'building of a dwelling-house. The dwelling was completed in June, 1912, and occupied some time before that by Wise’s family.

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On appeal from the Supreme Court. Action by the executors of Wise to recover damages for 1he failure of Hughes to perform properly a contract for the 'building of a dwelling-house. The dwelling was completed in June, 1912, and occupied some time before that by Wise’s family. The architect, pursuant to the contract, gave a. certificate for the final payment September 28th, 1912, and the executor made the payment October 9th, 1912. During the interim between the completion of the house and the final payment, there was a continuous dispute about the plaster. This continued after the payment, and…

1Opinion of the Court

The opinion of the court was delivered by

SWAYZE, J.

1. The first ground of appeal cannot be considered. It embraces a large part of the charge, nearly two printed pages, including several distinct propositions. The reason for condemning that practice is as strong under our present procedure as it was. when the method of review was by writ of error. As to bills of exception, see Oliver v. Phelps, 21 N. J. L. 597; Associates of the Jersey Co. v. Davison, 29 Id. 415; and as to the application of the rule to assignments of error, see Fivey v. Pennsylvania Railroad Co., 67 Id. 627, 636; Defiance…

2Cited by3 opinions

  1. R. KREVOLIN & CO., INC. v. BrownNew Jersey Superior Court Appellate Division · 1952
  2. Otto Misch Co. v. E. E. Davis Co.Michigan Supreme Court · 1928
  3. Whitfield Construction, Co. v. Commercial Development Corp.District Court, Virgin Islands · 1975

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