Schulze v. Farrell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Schulze, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 12th day of May, 1910, as amended by an order entered in said clerk’s office on the 18th day of-May, 1910, upon the dismissal of the complaint by direction of the court upon the opening at the Kings County Trial Term.
1Opinion of the CourtJenks, J.
The - plaintiff declared upon indebitatus assumpsit. On the opening his counsel said that the action was to recover a balance on a building contract, which contained provisions that the work was to be completed on the 1st of January,. 1907, and that if the plaintiff did not finish at that time he was to pay $50 for each day “ he ran over the contract.” He further said that the plaintiff was delayed so that the time was exceeded, that the building was finally completed, that the architect so certified; that,.under the terms of the contract, the plaintiff was entitled to $3,800 balance due;…
2Cases cited6 opinions
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Hosley v. . BlackNew York Court of Appeals · 1863
- Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
- Murphy v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Hartley v. MurthaAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by3 opinions
- Kronau v. WeisburgAppellate Division of the Supreme Court of the State of New York · 1912
- Ludwig v. Pusey & Jones Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Kronan v. WeisbergAppellate Division of the Supreme Court of the State of New York · 1912