Bloodgood v. Ingoldsby
New York Court of Common Pleas
Appeal by plaintiff from a judgment entered on a report of a referee. This was an action to recover the last six installments claimed to be due the plaintiff for the erection of a store, No. 4(1 Warren street, under a building contract.
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Appeal by plaintiff from a judgment entered on a report of a referee. This was an action to recover the last six installments claimed to be due the plaintiff for the erection of a store, No. 4(1 Warren street, under a building contract. By the terms of the contract, tbe plaintiff agreed to erect the store agreeably to the drawings and specifications of one Samuel A. Warner, architect, within a specified time, in a good, workmanlike and substantial manner, to the satisfaction, and under the direction of said architect, to be testified by a writing or certificate under his hand. For the work…
1Opinion of the Court
INGRAHAM, First Judge. —
We are of opinion that the certificate of the architect was sufficient under the facts proven. That there was a substantial compliance with the contract, and that the architect was satisfied, is to be presumed from the certificate so given.. The defendant, when the certificate was presented, has not shown that he made any objection to its form, and he ought not to be allowed now, on, the trial, to avail himself of an objection to the certificate, which, at the time, the plaintiff had a right to suppose was satisfactory to the defendant.
If there are any deficiencies in…
2Cited by3 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Shute v. HamiltonNew York Court of Common Pleas · 1871
- Barton v. HermannNew York Court of Common Pleas · 1872