H. M. Hughes Co. v. Sapphire Realty Co.

The contract provides for “final payment” upon issuance by the architects of a “ final certificate ”. This being so, the certificate, when issued, is conclusive and decisive on the rights of the parties, obligating the defendant, Sapphire Realty Co., to pay the amount fixed by the architects unless it can show that the certificate was obtained by fraud or mistake. (See Glacius v. Black,50 N. Y. 145, 151; Wyckoff v. Meyers, 44 N. Y. 143,145.)

As to the defendants’ objections to the form of the certificate, taken for the first time in this court, we need merely say that the architects…