Legal Opinion
In re Shelly
District Court, D. New Jersey
Decided August 28, 1916PublishedCited by 4 opinions
In Bankruptcy. In the matter of Oswin W. Shelly, bankrupt. On review of decision of referee.
1Opinion of the Court
RELLSTAB, District Judge.
E. & Z. Van Raalte, a corporation, in November, 1913, entered into a written contract with Oswin W. Shelly for the erection by him of a building. Payment was to be made as the work progressed, based on the architect’s estimate; 20 per cent, being retained until the completion of the work. The contract provided, inter alia:
■ “Fourth. Should tlie contractor at any time during the progress of said work refuse or neglect to supply a sufficiency of materials or workmen, the owner shall have power to provide materials and workmen, after three days’ notice in writing being…
2Cases cited2 opinions
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- Duplan Silk Co. v. SpencerCourt of Appeals for the Third Circuit · 1902
3Cited by4 opinions
- Hayes v. GibsonCourt of Appeals for the Third Circuit · 1922
- MacEvoy v. E. & Z. Van Raalte, Inc.Court of Appeals for the Third Circuit · 1917
- John A. McCrane Motors Co. v. DuffyDistrict Court, D. New Jersey · 1928
- Davidson & Case Lumber Co. v. AndersonSupreme Court of Kansas · 1920