
    Roberts, Nash & Company, Respondent, v. Nassau and Suffolk Lighting Company, Appellant.
    
      Roberts, Nash & Co. v. Nassau & Suffolk Lighting Co., 174 App. Div. 883, affirmed.
    (Submitted May 22, 1919;
    decided June 6, 1919.)
    Appeal from a'judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 9, 1916, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to foreclose a mechanic’s lien. Plaintiff entered into a contract to erect a building for defendant and agreed therein that if the building was not completed by a certain date ten dollars per day should be deducted from the contract price. The building was not completed within the time stipulated. The referee found that as the defendant itself caused delay by failing to perform some of its work, it was not entitled to enforce the penalty clause in the contract, but was only entitled to general damages.
    
      Frederic C. Scofield and James M. Vincent for appellant.
    
      William J. Pajje and Emil A. Williams for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.  