Rochkind v. Jacobson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Judah Jacobson,,from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 20th day of March, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term, certain issues of fact having been submitted to a jury.
1Concurrence
Gaynor, J. (concurring):
While in an action to recover the amount alleged to be due on a building contract, on a complaint alleging performance of the contract, omissions or defects so trifling as to come under the maxim that the law does not regard trifles will be disregarded, and also deductions may be made from the contract price for minor omissions or defects which occurred inadvertently and in good faith and do not come under the class of trifles but are substantial, instead of judgment being given for the defendant, that is not the case before us. In the performance of such contracts…
2Cases cited1 opinion
- Van Orden v. MacRaeAppellate Division of the Supreme Court of the State of New York · 1907