NOLAN V. WHITNEY
88 N.Y. 648 (1882)
NATURE OF THE CASE: This was a dispute over payment on contracting services. Whitney (D)
appealed from a judgment in favor of Nolan (P).
FACTS: Nolan (P) was contracted to perform masonry work for the sum of $11,700. The final
installment of $2,700 had to be paid within 30 days of completion conditioned upon the
satisfaction of the architect. The architect refused to approve the work and P sued. D.
Evidence at trial showed that the work had been substantially completed but there were minor
defects. The trial court ordered judgment for P with a $200 offset. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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