Chism v. Schipper
Supreme Court of New Jersey
On demurrer to declaration. On case certified from the Essex Circuit Court. The declaration was founded on a building contract, under seal, whereby it was alleged the plaintiff agreed to “erect- and finish” a certain dwelling-house “agreeably to the drawings and specifications by Oscar S. T., architect, within the time aforesaid, in a good, workmanlike and substantial manner, to the satisfaction and under the direction of said architect-, to be testified by a writing or…
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On demurrer to declaration. On case certified from the Essex Circuit Court. The declaration was founded on a building contract, under seal, whereby it was alleged the plaintiff agreed to “erect- and finish” a certain dwelling-house “agreeably to the drawings and specifications by Oscar S. T., architect, within the time aforesaid, 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 the hand of said architect; ” that the plaintiff was to furnish all materials, &c., and that for his work…
1Opinion of the Court
*11The opinion of the court was delivered by
Beasley, Chief Justice.
A comprehension of the facts stated in the summary of the declaration prefixed to this opinion will make it manifest that the question to be decided is, Can the defendant cheat the plaintiff bv due course of law?
The case, in brief, is this: The plaintiff has done work for the defendant to the value of $600, which work was additional to that specified in the written contract; the money was payable on the certificate of the architect, whose decision was to be final; such architect fraudulently decided that the work in question was…
2Cases cited5 opinions
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Lynn v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1883
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
- Schuylkill Navigation Co. v. MooreSupreme Court of Pennsylvania · 1837
- Snell v. BrownIllinois Supreme Court · 1873
3Cited by21 opinions
- Connell v. HigginsCalifornia Supreme Court · 1915
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Breedin v. SmithSupreme Court of South Carolina · 1923
- Crane Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1897
- Terminal Const. Corp. v. Bergen, Etc., AuthorityNew Jersey Superior Court Appellate Division · 1954
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