New York Court of Appeals

Max L. Gutmann, Appellant v. Frank P. Crouch, Respondent

May 31, 1892134 N.Y. 45

Summary

The Court affirmed the lower court's dismissal, holding that the architect's certificate was a condition precedent to payment and its absence barred recovery, that the owner was not liable for delay caused by the original contractor's default, and that the referee's findings of substantial performance were conclusive. Justice Bradley, dissenting, argued that the substantial performance finding was erroneous and would reverse the judgment.