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Wiberly v. Matthews

Court of Appeals of the State of New York
Jan 23, 1883
91 N.Y. 648 (N.Y. 1883)

Summary

In Wiberly v. Matthews (91 N.Y. 648), it was held that after submission and award, between a contractor for the erection of a building and the owner, as to a controversy over extra and omitted work, the claim of the contractor was merged in the award, and that award was a bar to the maintenance of an action on the original claim.

Summary of this case from New York Lumber & Wood Working Co. v. Schnieder

Opinion

Argued December 13, 1882

Decided January 23, 1883

J. Wray Cleveland for appellant.

William D. Hennen for respondent.



EARL, J., reads for affirmance.

All concur.

Judgment affirmed.


Summaries of

Wiberly v. Matthews

Court of Appeals of the State of New York
Jan 23, 1883
91 N.Y. 648 (N.Y. 1883)

In Wiberly v. Matthews (91 N.Y. 648), it was held that after submission and award, between a contractor for the erection of a building and the owner, as to a controversy over extra and omitted work, the claim of the contractor was merged in the award, and that award was a bar to the maintenance of an action on the original claim.

Summary of this case from New York Lumber & Wood Working Co. v. Schnieder
Case details for

Wiberly v. Matthews

Case Details

Full title:THOMAS D. WIBERLY, Appellant, v . JAMES BRANDER MATTHEWS, Respondent

Court:Court of Appeals of the State of New York

Date published: Jan 23, 1883

Citations

91 N.Y. 648 (N.Y. 1883)

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