Tompkins v. Dudley
Court of Appeals of New York
25 N.Y. 272 (1862)
On behalf of Cornelius Chambers, the defendants guaranteed a contract between Chambers and the trustees of a school district (school district) (plaintiffs), in which Chambers agreed to build a schoolhouse by October 1, 1857. On October 5, the schoolhouse was substantially, but not entirely complete and had not been accepted by the school district. On the night of October 5, the schoolhouse burned down without fault of either party. The school district brought suit to recover money paid to Chambers over the course of the construction and for damages. The district court found in favor of the defendants and the judgment was affirmed on appeal. The school district appealed.
Rule of Law
Holding and Reasoning (Davies, J.)
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