Legal Opinion
Hevenor v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 1923PublishedCited by 7 opinions
1Opinion of the Court
McAvoy, J.:
The learned court at Trial Term directed a verdict. The defendant contends that the complaint should have been dismissed, because there is no proof that the giving of a bond by the plaintiff, as required by the contract herein, had been waived by the defendant, and it is claimed the plaintiff has failed to establish that the engineer arbitrarily and unreasonably refused to issue a final certificate.
The action was upon a contract for a balance due of $13,798 for the reconstruction of street railroad tracks belonging to the defendant on Westchester avenue in The Bronx. There was…
2Cases cited1 opinion
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
3Cited by7 opinions
- Arctic Contractors, Inc. v. StateAlaska Supreme Court · 1977
- Hospital Computer Systems, Inc. v. Staten Island HospitalDistrict Court, D. New Jersey · 1992
- Sehlbert Mechanical Corp. v. Kessel/Duff Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- T.G.I. East Coast Construction Corp. v. Fireman's Fund InsuranceDistrict Court, S.D. New York · 1985
- Anglo-South American Trust Co. v. UheNew York Supreme Court · 1931
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