Ringle v. Wallis Iron Works
New York Supreme Court
Appeal from special term, Yew York county. Action by Jacob Ringle and George Ringle against the Wallis Iron Works, impleaded with the Southern Pacific Company. From a judgment in favor of plaintiffs (24 Y. Y. Supp. 757), defendant Wallis Iron Works appeals. Modified.
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Appeal from special term, Yew York county. Action by Jacob Ringle and George Ringle against the Wallis Iron Works, impleaded with the Southern Pacific Company. From a judgment in favor of plaintiffs (24 Y. Y. Supp. 757), defendant Wallis Iron Works appeals. Modified. In 1891 the Southern Pacific Company was the lessee in possession of Pier No. 37, North river, upon which there was a shed, and on the 16th of June, 1891, the corporation entered into a written contract with the Wallis-Iron Works by which the latter agreed to construct an extension of said shed according to the specifications…
1Opinion of the CourtFollett, J.
This action was brought for the foreclosure of' the mechanic’s lien filed by the plaintiffs on the pier, and the defenses interposed by the appellant are: (1) That the plaintiffs, refused to perform their contract according to its terms, and that. *109■the Wallis Iron Works was compelled to, and did, complete the ■contract at its own expense; (2) that the statement in the notice ■of lien filed that the plaintiffs had performed the work and furnished the materials in accordance with the contract was untrue; (3) that when the lien was filed, and when this action was begun, the Wallis Iron Works had…
2Cases cited3 opinions
- Foster v. SchneiderNew York Supreme Court · 1888
- Close v. ClarkNew York Court of Common Pleas · 1890
- Brandt v. VerdonNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Terwilliger v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
- Tibbits v. PhippsAppellate Division of the Supreme Court of the State of New York · 1898