Nolan v. Whitney
Court of Appeals of New York
88 N.Y. 648 (1882)
Michael Nolan (plaintiff) entered into a contract with Whitney (defendant) to do the mason work in the construction of two buildings. Nolan was paid in installments as he did the work. Final payment was to be 30 days after the completion of the building and was conditioned upon the acquisition of an architect’s certificate that the buildings were satisfactorily constructed. Nolan substantially completed the buildings, subject to “trivial defects in the plastering.” However, the architect refused to issue a certificate of satisfaction. As a result, Whitney refused to issue Nolan’s final payment. Nolan brought suit. The trial court found in favor of Nolan, less $200 on account of the trivial defects. Whitney appealed.
Rule of Law
Holding and Reasoning (Earl, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 169,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.