Weeks v. . Little
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 6, 1880, which affirmed a judgment in favor of plaintiffs, .entered upon the report of a referee. (Eeported below, 15 J. & S. 1.) ' This action was brought to recover a balance alleged to be due under a contract between the plaintiffs and Augusta McC.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 6, 1880, which affirmed a judgment in favor of plaintiffs, .entered upon the report of a referee. (Eeported below, 15 J. & S. 1.) ' This action was brought to recover a balance alleged to be due under a contract between the plaintiffs and Augusta McC. Little, defendant’s testator, for the performance by the former of certain work in the construction of a building in the city of Hew York. By the contract the work was to be completed September 1, 1877, and it was…
1Opinion of the CourtPinch, J.
We do not think it necessary to discuss and determine the effect upon the claim for liquidated damages of the delay produced by the modification of the original plan which added new walls and two additional stories. Assuming for present purposes, what we do not decide, that the time of performance was extended only to October 1, and that such extension was intended and understood to cover the changes of plan and increased amount of work, and assuming also that the original contract, with its damages for delay, applied to and controlled the modified and increased work, we are yet of opinion…
2Cases cited1 opinion
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
3Cited by29 opinions
- Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
- Jefferson Hotel Co. v. BrumbaughCourt of Appeals for the Fourth Circuit · 1909
- Burton v. F. A. Seifert & Co.Supreme Court of Virginia · 1908
- Schmulbach v. CaldwellCourt of Appeals for the Fourth Circuit · 1912
- Boden v. MaherWisconsin Supreme Court · 1900
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