Byrne v. Sisters of Charity of St. Elizabeth
Supreme Court of New Jersey
On rule to show cause. This case was tried at the September Term, 1882, of the Essex Circuit, before Justice Depue and a jury.
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On rule to show cause. This case was tried at the September Term, 1882, of the Essex Circuit, before Justice Depue and a jury. After the plaintiffs rested, the defendants’ counsel moved for a non-suit, upon the grounds (1) that the testimony showed a serious departure from the terms of the contract in that a large part of the work done and materials furnished were not in accordance with the contract; (2) that not only did the contract provide that the payments were to be in all cases upon the certificate ■ of the architect, but that the particular provision as to the last payment was, that it…
1Opinion of the Court
The opinion of the court was delivered by
Knapp, J.
The plaintiffs were non prossed at the Circuit in their suit for a balance claimed upon a building contract between the plaintiffs and defendants. The contract made the price, $17,330, payable in eight instalments. It provided that in each payment a certificate should be obtained, signed by P. C. Keeley, architect, and that the eighth payment, being the balance of $4330, was to be paid on the certificate of the architect in three months after the full completion of the entire work. The plaintiffs agreed to well and sufficiently erect and…
2Cases cited1 opinion
- Haden v. . ColemanNew York Court of Appeals · 1878