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Contracts Keyed to Summers
Stewart v. Newbury
Citation:
220 N.Y. 379, 115 N.E. 984Facts
Stewart (plaintiff) contracted with Newbury (defendant) to perform excavation work as part of the erection of a concrete mill building. The contract stated that Stewart would be paid per cubic yard, but nothing was said as to the time nor manner of payment. Stewart claimed that he had a telephone call with Newbury, where he told Newbury that he would “expect [his] payments in the usual manner. Newbury, however, denied that this conversation ever occurred. In July, Stewart began the excavation work. In September, Stewart sent Newbury a bill for the work he had completed up to that date. The bill totaled $896.35. Newbury refused to pay the bill. Stewart sued Newbury for breach of contract.
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