Excelsior Terra Cotta Co. v. . Harde
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1904, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought to foreclose a mechanic’s lien, filed for work done and materials furnished under a contract between the plaintiff and the defendants.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1904, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought to foreclose a mechanic’s lien, filed for work done and materials furnished under a contract between the plaintiff and the defendants. The complaint set up the contract, which called for a payment of $6,600 ; alleged its full performance and claimed to recover, in addition to the contract price, for extra work done…
1Opinion of the CourtGray, J.
I think that the reduction as to interest was right. The plaintiff’s claims were, under the circumstances, unliquidated. They were, in fact, upon gua/ntum meruit. The finding of the trial court established that the claim under the contract was subject to a reduction, because of defective and dilatory performance, to the extent of nearly one-third of its amount; while the claim for extra work was wholly disallowed. The case comes within the authority of Delafield v. Village of Westfield, (41 App. Div. 24, aff’d without opinion, 169 N. Y. 582); where the plaintiff’s claim, which was, in part,…
2Cases cited4 opinions
- Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
- Sweeny v. . City of New YorkNew York Court of Appeals · 1903
- Delafield v. Village of WestfieldAppellate Division of the Supreme Court of the State of New York · 1899
- Delafield v. . the Village of WestfieldNew York Court of Appeals · 1901
3Cited by36 opinions
- Hansen v. CovellCalifornia Supreme Court · 1933
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- General Supply & Construction Co. v. GoeletNew York Court of Appeals · 1925
- Giant Food, Inc. v. JACK I. BENDER, ETC.District of Columbia Court of Appeals · 1979
- Lockard v. City of SalemWest Virginia Supreme Court · 1947
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