Haden v. . Coleman
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Cotirt of the city of New York, affirming a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 10 J. & S., 256.) This action was brought to recover a balance alleged to be due under a building contract.
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Appeal from judgment of the General Term of the Superior Cotirt of the city of New York, affirming a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 10 J. & S., 256.) This action was brought to recover a balance alleged to be due under a building contract. By the contract, plaintiffs contracted to erect three buildings upon defendant’s land, according to the plans and specifications, “to the satisfaction and under the direction of the architect, to be testified by a writing or certificate under the hand of the architect.” The further…
1Opinion of the Court
Church, Ch. J.
The only question presented is whether "the evidence was sufficient to justify the jury in finding that the defendant had waived the production of the certificate of the architect that the buildings were completely finished. If so it was error to direct a nonsuit, and for the purpose of determining this question the most favorable construction of the evidence, of which it is capable, should be given in favor of the plaintiffs. The contract-price was $16,500, payable in five installments, at different periods as the, work progressed. The last payment was to be as follows: “…
2Cited by8 opinions
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Porter v. SwanNew York City Court · 1892
- Brandt v. VerdonNew York Court of Common Pleas · 1892
- Byrne v. Sisters of Charity of St. ElizabethSupreme Court of New Jersey · 1883
- McWilliams v. DawesLouisiana Court of Appeal · 1922
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