Watson v. Cone

New York Supreme Court

Watson v. Cone

21 N.Y.S. 224, 50 N.Y. St. Rep. 508

DecidedDecember 12, 1892

StatusPublished

This text of 21 N.Y.S. 224 (Watson v. Cone) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Watson v. Cone, 21 N.Y.S. 224, 50 N.Y. St. Rep. 508 (N.Y. Super. Ct. 1892).

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Opinion

BARNARD, P. J.

The defendant Smith agreed with the defendant Cone to construct a house on his premises for the sum of $4,300, payable by installments. The first two installments had been paid, and $700 in advance, but without any collusion or intent to defraud thereby. Smith abandoned the contract, and Cone was compelled to pay over $3,000 to finish the house. The first two payments were $2,100. The owner had the right, by contract, to finish the building, and to deduct the expense from the contract price. There was performed, at the abandonment of the contract by Smith, no greater proportion of work to be done than the first two payments bear to the contract price of $4,300. The case of Van Clief v. Van Vechten, 130 N. Y. 571, 29 N. E. Rep. 1017, decides this case against the plaintiffs. The judgment should be affirmed, with costs. All concur.

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BARNARD, P. J.

The defendant Smith agreed with the defendant Cone to construct a house on his premises for the sum of $4,300, payable by installments. The first two installments had been paid, and $700 in advance, but without any collusion or intent to defraud thereby. Smith abandoned the contract, and Cone was compelled to pay over $3,000 to finish the house. The first two payments were $2,100. The owner had the right, by contract, to finish the building, and to deduct the expense from the contract price. There was performed, at the abandonment of the contract by Smith, no greater proportion of work to be done than the first two payments bear to the contract price of $4,300. The case of Van Clief v. Van Vechten, 130 N. Y. 571, 29 N. E. Rep. 1017, decides this case against the plaintiffs. The judgment should be affirmed, with costs. All concur.

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Bluebook (online)

21 N.Y.S. 224, 50 N.Y. St. Rep. 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-cone-nysupct-1892.

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