John Langley, Respondent v. Peter W. Rouss, as Executor of Charles Broadway Rouss, Deceased, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division’s judgment, holding that the contract provision requiring an itemized estimate and a written order from the architect for any extra work is valid and enforceable, and that the architect, as the owner’s agent, could not waive this limitation by verbal instruction. Consequently, the contractor could not recover for the alleged extra work performed under such verbal orders.