Appellate Terms of the Supreme Court of New York June 23, 1904 (Borgia v. Gange)

MacLEAN, J.

Bringing this action to recover damages for breach of a contract wherein the defendant undertook to build a house with due diligence, and deliver it ready for occupancy on or before December 15, 1902, the plaintiff and his witnesses testified with positiveness that the building was unfinished and incomplete at.