MacKnight Flintic Stone Company, Appellant v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent

Summary

The New York Court of Appeals held that a municipal contractor is not a guarantor of the sufficiency of the municipality‑prepared plan and specifications; performance is satisfied by furnishing materials and doing the work in accordance with those specifications, and the contractor is entitled to payment even if the city refuses the certificate when the defect lies in the plan. The judgment was reversed and the case remanded for a new trial.