New York Court of Appeals

Richard Deeves and Son, Respondent v. the Manhattan Life Insurance Company, Appellant

May 11, 1909195 N.Y. 324

Summary

The Court affirmed the judgment for the plaintiff, holding that the building contract was a single agreement, that the defendant was estopped from using the contractor's delay as a defense, and that the defendant was required to assert any claim for liquidated damages as a counterclaim in its answer. The decision rests on established principles of contract construction and pleading requirements.