Cross, Austin & Ireland Lumber Co. v. Archibald Hadden & A. Hadden Co.

Appellate Division of the Supreme Court of New York

Cross, Austin & Ireland Lumber Co. v. Archibald Hadden & A. Hadden Co.

160 A.D. 892, 144 N.Y.S. 1110

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

DecidedDecember 15, 1913

StatusPublished

This text of 160 A.D. 892 (Cross, Austin & Ireland Lumber Co. v. Archibald Hadden & A. Hadden Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cross, Austin & Ireland Lumber Co. v. Archibald Hadden & A. Hadden Co., 160 A.D. 892, 144 N.Y.S. 1110 (N.Y. Ct. App. 1913).

Pincite

Opinion

Per Curiam:

It was not proven that the contractor so far fulfilled his contract as to entitle him to the payment of $1,000, or that Hadden unduly refused to make the payment, or that the failure of the contractor to perform was inadvertent, or that any sum is due the contractor. So far as the findings, particularly sixth to thirteenth findings of fact, otherwise decide, they are not in accordance with the evidence, and the judgment should be reversed and a new trial granted, costs to abide the final award of costs. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred. Judgment reversed and new trial granted, costs to abide the final award of costs.

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Per Curiam:

It was not proven that the contractor so far fulfilled his contract as to entitle him to the payment of $1,000, or that Hadden unduly refused to make the payment, or that the failure of the contractor to perform was inadvertent, or that any sum is due the contractor. So far as the findings, particularly sixth to thirteenth findings of fact, otherwise decide, they are not in accordance with the evidence, and the judgment should be reversed and a new trial granted, costs to abide the final award of costs. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred. Judgment reversed and new trial granted, costs to abide the final award of costs.

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Bluebook (online)

160 A.D. 892, 144 N.Y.S. 1110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-austin-ireland-lumber-co-v-archibald-hadden-a-hadden-co-nyappdiv-1913.