Washburns v. Property Owners Co-operative Ass'n of Middlesex County, Inc.

Majority

p. 663

Arthur L. Washburns et al., Copartners under the Firm Name of Washburns Engineering Company, Respondents, v. Property Owners Co-operative Association of Middlesex County, Inc., Appellant.

(Argued May 11, 1925;

decided June 2, 1925.)

Headnote

Contract — action to recover for breach of contract for laying out and grading streets — defense of failure to do work according to terms of contract.

Washburne v. Property Owners’ Co-op. Association, Inc., 209 App. Div. 365 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1924, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of- a referee. The action was to recover damages for alleged breach of a written contract under which plaintiffs agreed with defendant corporation to lay out and grade certain streets and parts of streets on a tract of land owned by defendant. The complaint

p. 664

alleged that defendant had prevented performance of the contract by plaintiffs. The answer set up as a defense and counterclaim that the plaintiffs had failed to do the work in accordance with the contract and that they at no time intended to complete the contract.

Maurice Rose for appellant.

Frank R. Greene for respondents.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.