Appellate Division of the Supreme Court of New York, 1913

Rickert-Finlay Realty Co. v. Illinois Surety Co.

Rickert-Finlay Realty Co. v. Illinois Surety Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1913
157 A.D. 930; 142 N.Y.S. 1141
Rickert-Finlay Realty Co. v. Illinois Surety Co.

Opinion of the Court

Judgment reversed and new trial granted, costs to abide the event, on the ground that the testimony as to statements by Mr. Mackay, in view of the evidence of his authority as defendant’s manager, raised a question of waiver for the jury; also that defendant’s return of Mr. King’s itemized statement of the expense of completion, without objection to its form, coupled with a denial of liability, waived defendant’s right afterwards to demand a more formal certificate by the architect. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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