Dolan v. . Rodgers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 20, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 20, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action to recover a balance alleged to be due for work, labor and services performed by the plaintiff and his deceased co-partner for the defendant between June 1 and ^November 1, 1890. The answer contains a general denial in part and pleads a breach of contract both as a defense and counterclaim. The facts, so far as material, are stated in the opinion. The…
1Opinion of the CourtVann, J.
The referee found, upon evidence placing the facts beyond review in this court, that on the nineteenth of May, 1890, the defendant and a corporation known as the Buffalo & Geneva Railway Company entered into a written agreement whereby the former agreed to build ten sections of a railroad then in process of construction by the latter. The contract contained the following clause : “ Svh-contracts.— Contractors shall be required to give their personal attention and supervision to the work, and will not be allowed to subcontract the whole or any part of same without consent of the railway…
2Cases cited17 opinions
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- United States v. PeckSupreme Court of the United States · 1880
- Lorillard v. . ClydeNew York Court of Appeals · 1894
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- Walker v. TuckerIllinois Supreme Court · 1873
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