Legal Opinion
MacEvoy v. E. & Z. Van Raalte, Inc.
Court of Appeals for the Third Circuit
Decided May 24, 1917No. 2179PublishedCited by 6 opinions
Appeal from the District Court of the United States for the District of New Jersey; John Rellstab, Judge. In the matter of Oswin W. Shelly, bankrupt. On petition by Clifford F. MacEvoy, trustee, to revise an order (235 Fed. 311) affirming a decision of the referee in favor of E. & Z. Van Raalte, Incorporated.
1Opinion of the Court
McPHERSON, Circuit Judge.
This dispute arises upon the following facts:
Shelly was a building contractor, and on November 3, 1913, undertook to erect a mill for $76,000 at Paterson, N. J., for E. & Z. Van Raalte, a corporation. Sections 4 and 9 of the contract are as follows:
“Sec. 4. Should the 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 (3) days’ notice, in writing, being given, to finish the said work, and the expense shall be deducted from…
2Cases cited4 opinions
- Spencer v. Duplan Silk Co.Supreme Court of the United States · 1903
- Duplan Silk Co. v. SpencerCourt of Appeals for the Third Circuit · 1902
- Border Nat. Bank v. CouplandCourt of Appeals for the Fifth Circuit · 1917
- In re ShellyDistrict Court, D. New Jersey · 1916
3Cited by6 opinions
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- In re P. J. Sullivan Co.Court of Appeals for the Second Circuit · 1918
- Patten v. Hill CountyCourt of Appeals of Texas · 1927
- In re Locust Bldg. Co.District Court, E.D. New York · 1921
- Zehner v. Southern Surety Co.Court of Appeals for the Third Circuit · 1921
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