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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.)

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