New York Court of Appeals, 1944

De Martini v. Elade Realty Corp.

De Martini v. Elade Realty Corp.
New York Court of Appeals · Decided November 16, 1944 · <italic>Per Curiam.</italic>
58 N.E.2d 519; 293 N.Y. 778; 1944 N.Y. LEXIS 2211 (North Eastern Reporter, Second Series)

De Martini v. Elade Realty Corp.

Opinion of the Court

Per Curiam.

In our opinion the provisions of the contract fixing the price to be paid for items of extra work ” clearly imply an obligation to do such extra work at the stipulated price as required in connection with the performance of the work included in the Scope of the Work ” as described in the contract.

The judgment of Appellate Division should be reversed, with costs in this court and in the Appellate Division and the order of the County Court affirmed.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment accordingly.

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