Stewart v. Title Guaranty & Surety Co.

Judgment affirmed, with costs. This court finds and decides that the building contract for the performance and fulfillment of which the contract in question was given, was never completed or performed within the meaning of the provision contained in the contract in question, and that, therefore, the six months’ limitation does not apply, and so far as any findings of the referee are inconsistent therewith, the same are disapproved. All concurred, except Lambert and Merrell, JJ., who dissented.