Summary
In Ketchum v. Herrington (45 N.Y. St. Repr. 59) it was held that defects in construction which would exceed one-third of the contract price were inconsistent with a finding of substantial performance and would not support a conclusion that the plaintiff was entitled to recover.
Summary of this case from Gompert v. HealyOpinion
Argued October 25, 1894
Decided November 27, 1894
Augustus Harrington for appellants.
H.F. Remington for respondent.
Agree to affirm and for judgment absolute in favor of defendant upon stipulation; no opinion.
All concur.
Judgment accordingly.