Jobson-Gifford Co. v. McGovern — 248 N.Y. 644

Majority

p. 644

Jobson-Gifford Company, Respondent, v. Patrick McGovern, Appellant.

Headnote

Contract — action by subcontractor to recover balance alleged to be due and damages for delay.

Jobson-Gifford Co. v. McGovern, 222 App. Div. 735 , affirmed.

(Argued June 18, 1928;

decided July 19, 1928.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 20, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover a balance alleged to be due upon a subcontract let by defendant to plaintiff for a portion of the work of construction of a pipe fine as part of the water supply system of Jersey City and for damages alleged to have been caused by delays, defaults and breaches of contract by the defendant.

Thomas F. Conway, Joseph A. Kellogg, Thomas E. O’Brien and William F. Pritchard for appellant.

John C. Wait and Howard G. Wilson for respondent.

p. 645

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.