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.