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

New York Court of Appeals·Decided November 16, 1944·Published

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.

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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58 N.E.2d 519 (De Martini v. Elade Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.