Appellate Division of the Supreme Court of New York, 1915

Stewart v. Title Guaranty & Surety Co.

Stewart v. Title Guaranty & Surety Co.
Appellate Division of the Supreme Court of New York · Decided January 15, 1915
166 A.D. 964; 151 N.Y.S. 1146
Stewart v. Title Guaranty & Surety Co.

Opinion of the Court

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.

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