Van Clief v. . Van Vechten
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme •Court in the second judicial department, entered upon an order made February 14, 1890, which affirmed a judgment in favor of the plaintiffs entered upon the report of a referee. This action was brought in the County Court of Richmond county for the foreclosure of a mechanic’s lien.
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Appeal from judgment of the General Term of the Supreme •Court in the second judicial department, entered upon an order made February 14, 1890, which affirmed a judgment in favor of the plaintiffs entered upon the report of a referee. This action was brought in the County Court of Richmond county for the foreclosure of a mechanic’s lien. On the 31st of March, 1886, the defendant Smalle agreed to furnish the materials and erect a building for the defendant Yan Yechten for the sum of $4,298, less $275, for a fire-place, heater and furnace, making the net price $4,023, payable $1,000 when the…
1Dissent
Follett, Ch. J.
(dissenting). The result reached by the prevailing opinion is based on this provision in the contract:
“ Should the contractor, at any time during the progress of the said works, refuse or neglect to supply a sufficiency of materials or workmen, the owner shall have the power to provide materials and workmen, after three days’ notice in writing being given, to finish the said works, and the expense shall be deducted from the amount of the contract.”
At the request of the defendant, the following facts were found:(6) “ That the said defendant Smalle never performed the conditions…
2Cases cited2 opinions
- Graf v. . CunninghamNew York Court of Appeals · 1888
- Rodbourn v. Seneca Lake Grape & Wine Co.New York Court of Appeals · 1876