From Casetext: Smarter Legal Research

Ketchum v. Herrington

Court of Appeals of the State of New York
Nov 27, 1894
144 N.Y. 633 (N.Y. 1894)

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. Healy

Opinion

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.


Summaries of

Ketchum v. Herrington

Court of Appeals of the State of New York
Nov 27, 1894
144 N.Y. 633 (N.Y. 1894)

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. Healy
Case details for

Ketchum v. Herrington

Case Details

Full title:JAMES E. KETCHUM et al., Appellants, v . ELIZABETH A. HERRINGTON…

Court:Court of Appeals of the State of New York

Date published: Nov 27, 1894

Citations

144 N.Y. 633 (N.Y. 1894)

Citing Cases

Gompert v. Healy

In Lashinsky v. Silverman ( 48 Misc. Rep. 501) it was held by the Appellate Term that where a contractor had…