Legal Opinion

Willis v. Webster

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 5 opinions

Appeal by the defendants, Charles B. Webster and others, from -a judgment of the Court of Common Pleas for the city and county of Hew York in favor of the plaintiff, entered in the office of the -clerk of said court on the 8th day of July, 1895, upon the report of ■a referee.

1Opinion of the Court

Van Brunt, P. J.:

This action was brought to recover a balance due upon a building contract. The defendants by their answer denied that anything was due, and set up by way of a defense and counterclaim a provision in the contract between the plaintiff and the defendants, whereby the plaintiff agreed that in case his work on the store mentioned in the agreement should not be completed on September 20, 3893, he would pay to the defendants, or they might at their option retain the sum of $250 for each and every day that his work was uncompleted until the same was finished, and in which it was…

2Cited by5 opinions

  1. Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
  2. Elzey v. City of WintersetSupreme Court of Iowa · 1915
  3. Holland Torpedo Boat Co. v. NixonNew York Supreme Court · 1908
  4. New York State National Bank v. Whitehall Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1910
  5. Reading Hardware Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908

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