34 Misc. 775 | N.Y. App. Term. | 1901
The omissions from the contract were requested by the defendants’ architect with the defendants’ knowledge, and as the case stood when the plaintiff rested, the only question for determination was what reasonable deduction should be made therefor from the contract price. Attention is called to one or two slight omissions not authorized by the architect, but, as to these, the plaintiff very properly invokes the rule that the
It was, therefore, error to dismiss the complaint, and the judgment must be reversed.
Andrews, P. J., and Blanchard, J., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.