Langley v. Rouss

Citations

• 106 A.D. 225
• 94 N.Y.S. 108

Syllabus

<p>Architect’s certificate— it need not be alleged in the case of extra worlc —proof of a demand therefor and a refusal, received without objection, cannot be restricted because it was not pleaded.</p> <p>In an action brought to recover for extra work done under a building contract, the contractor need not allege a demand for and a refusal to give an architect’s certificate.</p> <p>If the contractor, without objection, is allowed to give evidence of such a demand and a refusal, the contractor is entitled to have such evidence considered, and the scope and effect thereof cannot be restricted on the ground that it was not within the pleadings.</p>