Nolan v. Whitney

88 N.Y. 648 (1882)

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Nature of the Case

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Facts

Nolan (P) was contracted to perform masonry work for the sum of $11,700. The final installment of $2,700 had to be paid within 30 days of completion conditioned upon the satisfaction of the architect. The architect refused to approve the work and P sued. D. Evidence at trial showed that the work had been substantially completed, but there were minor defects. The trial court ordered judgment for P with a $200 offset. D appealed.