Tilden v. Buffalo Office-Building Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Erie county. Action by Jared H. Tilden against the Buffalo Office-Building Company. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendant appeals. Affirmed.
1Opinion of the CourtAdams, J.
On the 26th of April, 1893, the plaintiff, who is a contractor, entered into a written contract with one John H. Smith to erect a large office building in the city of Buffalo. By the terms of this contract the building was to be completed by the 10th day of April, 1894, and the price to be paid therefor was $124,000. In the month of August following the execution of the contract the defendant was duly substituted as a party thereto in the place of Smith, who was at that time the defendant’s president, and this action is brought to recover a balance of $3,117.45, which it is claimed is due the…
2Cases cited4 opinions
- Smith v. . AlkerNew York Court of Appeals · 1886
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
- Snaith v. SmithNew York Court of Common Pleas · 1894
- Duell v. McCrawNew York Supreme Court · 1895
3Cited by2 opinions
- Collins v. RamishCalifornia Supreme Court · 1920
- McCandless v. FurlaudSupreme Court of the United States · 1935