New York State National Bank v. Whitehall Water Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Whitehall Water Power Company, Limited, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerlt of the'county of Washington on the 23d day of February, 1910, upon the decision of the court rendered after a trial at the Saratoga Special Term, and also from an order entered in said clerk’s office on the same day granting an-extra allowance to the plaintiff.
1Opinion of the Court
Kellogg, J.:
The plaintiff has recovered upon a building contract upon the theory that it was performed, or strict performance as to time was waived; the defendant’s principal contention is that the contract was not completed within the time agreed upon, and that it has established a counterclaim for liquidated damages of fifty dollars per day for about 250 days. By the terms of the contract, dated May 3, 1905, it was to be performed by the contractor by September 1, 1905. It was not substantially performed until about July 1,1906. The court has found that much of the delay was caused by the…
2Cases cited1 opinion
- Willis v. WebsterAppellate Division of the Supreme Court of the State of New York · 1896