Norcross v. . Wills
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Consideration of the contract in its entirety must result in the conclusion that these parties were bound by mutual promises creating a valid bilateral contract. (Del Genovese v. T. A. R. R. Co., 13 App. Div. 420; Mulholland v. Mayor, etc., 113 N. Y. 631; Mansfield…
1Opinion of the CourtGray, J.
By this action the plaintiff has sought to recover from the defendant the balance due upon a contract between them and, in addition, damages for its alleged breach. When made, the defendant was under contract with Andrew Carnegie for the construction of a residence, which was to be performed under the direction of Babb, Cook and Willard, architects, and plaintiff’s contract was for the furnishing of the granite work called for in that contract. He agreed that he would provide all the material and perform all the work in the furnishing and the setting of the granite, necessary in the…
2Cases cited5 opinions
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Allamon v. Mayor of AlbanyNew York Supreme Court · 1864
- Coulter v. . Board of EducationNew York Court of Appeals · 1875
- Del Genovese v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1900
3Cited by34 opinions
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- Continental Masonry Co. v. Verdel Construction Co.Court of Appeals of Maryland · 1977
- Dynamics Corp. of America v. International Harvester Co.District Court, S.D. New York · 1977
- McGrath v. Electrical Construction Co.Oregon Supreme Court · 1961
- Friedman v. HandelmanNew York Court of Appeals · 1949
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