Southard v. Becker
New York County Courts
Appeal from justice court. Action by Lester Southard against Abraham Becker. Defendant’s offer of judgment for a specified amount was refused. Plaintiff had judgment for damages and for costs to time of offer, and defendant for costs from time of offer, and defendant appeals. Judgment for defendant reversed, and for plaintiff modified.
1Opinion of the CourtRoss, J.
The plaintiff sought to recover judgment for labor performed by himself and team, and also damages for a claimed breach, of contract relative to the cultivation by the defendant of corn and potatoes. The answer was a denial, and a counterclaim for the use of farm implements and for services Tendered. The plaintiff offered, evidence to support his claim, including the claim for damages arising from the claimed breach of contract. The defendant also offered evidence to support his counterclaim. The defendant offered, pursuant to the terms of section 2892 of the Code of Civil Procedure, a…
2Cases cited2 opinions
- Davison v. LuckmanNew York Supreme Court · 1892
- Merris v. HuntNew York Supreme Court · 1893
3Cited by2 opinions
- Coatsworth v. RayNew York Supreme Court · 1898
- Spears v. SorgeNew York County Court, Steuben County · 1907