The National Contracting Company, Appellant v. Hudson River Water Power Company, Respondent

Summary

The New York Court of Appeals held that the contract's alteration clause did not permit the water power company to replace the agreed masonry dam with an earth dam having a masonry core, constituting a breach that justified the contractor's abandonment of the work and entitlement to damages. The court also affirmed that the arbitration provision was not a bar to the plaintiff's suit.