137 N.Y.S. 474 | N.Y. App. Div. | 1912
In addition to the particulars directed to be given we think that the plaintiff should have been required to give a bill of particulars stating whether it was excused from performing the various portions of the contract which it claims it was excused from performing, by verbal direction or in writing, and by whom, and also in what manner it claims the defendant rendered it unnecessary for the plaintiff to obtain the certificate of the architect as to payments earned, whether by writing or verbal waiver, or by acts of the defendant, and if the latter, what acts, and if the former, by whom. Although the plaintiff alleges damages to a large amount by reason of the default and negligence of the defendant and the changing and altering of the contract, such damages are not in a strict sense general damage concerning which no bill of particulars should be ordered. If the delay and default of the defendant caused the plaintiff any damage, such damage was made up of expenses which it incurred, because its men were idle or had to be reassembled, or because material spoiled or wasted or was more expensive to obtain, and if any changes or alterations were made of the contract, the damage suffered consisted of increased labor and material. The plaintiff cannot state his grievances to
