New York Court of Appeals

Smith v. . Brady.

March 5, 185817 N.Y. 173

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that in a building contract where payment is conditioned on performance and a certificate of completion, a builder who substantially fails to perform cannot recover any payment, and the owner's mere occupation of the building does not constitute a waiver of the condition. Justice Selden, Denio, Roosevelt and Pratt concurred.