New York Supreme Court May 14, 1894 (Monteverde v. Board of Supervisors)

PRATT, J.

The determination of this cause depends largely on the question whether the plaintiff substantially performed his contract. That is ordinarily a question of fact. The contract price of the work was $21,700, and the referee finds that all the work-stipulated for was done, with the exception of some small matters, which could be completed for $154.