Aiello v. Rocco

¶1Judgment and order of the County Court of Westchester county reversed and new trial ordered, costs to abide the event, on the ground that the evidence shows that the parties agreed that the work should be done as the plans and specifications provided, except as otherwise stipulated, and that it was not so done. Hence the plaintiff failed to perform the contract, with resulting damage to defendant. Burr, Thomas, Carr, Rich and Staple-ton, JJ., concurred.