Tomkins v. Dudley

25 N.Y. 272 (1862)

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Nature of the Case

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Facts

Tomkins (P) entered into a contract with Chambers to build a schoolhouse for $687.50. The performance was guaranteed by Dudley (D). The building was not completed on time and burnt down four days after it was supposed to be finished. The building was not entirely completed when it burnt down as some painting, and the hanging of window blinds needed to be done as well as P had not formally accepted the key to the building. About $60 worth of work needed to be completed. The trial court gave the judgment to D. P appealed.