De Martini v. Elade Realty Corp.

New York Court of Appeals

De Martini v. Elade Realty Corp.

58 N.E.2d 519, 293 N.Y. 778, 1944 N.Y. LEXIS 2211

DecidedNovember 16, 1944

StatusPublished

This text of 58 N.E.2d 519 (De Martini v. Elade Realty Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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De Martini v. Elade Realty Corp., 58 N.E.2d 519, 293 N.Y. 778, 1944 N.Y. LEXIS 2211 (N.Y. 1944).

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Opinion

Per Curiam.

In our opinion the provisions of the contract fixing the price to be paid for items of “ extra work ” clearly imply an obligation to do such extra work at the stipulated price as required in connection with the performance of the work included in the “ Scope of the Work ” as described in the contract.

The judgment of Appellate Division should be reversed, with costs in this court and in the Appellate Division and the order of the County Court affirmed.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment accordingly.

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Per Curiam.

In our opinion the provisions of the contract fixing the price to be paid for items of “ extra work ” clearly imply an obligation to do such extra work at the stipulated price as required in connection with the performance of the work included in the “ Scope of the Work ” as described in the contract.

The judgment of Appellate Division should be reversed, with costs in this court and in the Appellate Division and the order of the County Court affirmed.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment accordingly.

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Bluebook (online)

58 N.E.2d 519, 293 N.Y. 778, 1944 N.Y. LEXIS 2211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-martini-v-elade-realty-corp-ny-1944.