Preusser v. Florence
New York Court of Common Pleas
On the 18th day of June, 1874, the defendant Hart made a contract with the defendant Florence to build a hotel for him for the sum of $12,000. The payments were to be made in installments as the work progressed, the last payment being the sum of $2,000, which was not to become due until all the work had been completed.
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On the 18th day of June, 1874, the defendant Hart made a contract with the defendant Florence to build a hotel for him for the sum of $12,000. The payments were to be made in installments as the work progressed, the last payment being the sum of $2,000, which was not to become due until all the work had been completed. On the 24th of December, 1874, Florence had paid to Hart $10,350 on account of the contract-price, and on the 31st day of December, 1874, the plaintiff filed a lien against the premises of the defendant Florence for work done thereon for the defendant Hart for the sum of $150,…
1Opinion of the CourtVan Brunt, J.
— It is true that the referee before whom this cause was tried has reported that the work was substantially completed at the time of the commencement of this action, but how he has arrived at any such conclusion it is somewhat difficult to imagine, because the undisputed evidence is that the dumb waiter called for by Hart’s contract . was not put in until about the month of May, nearly two months after this action was commenced. It also appears that during the whole of the month of March and part of April, Hart was engaged in finishing up the job by building the stairs, and finishing and…
2Cases cited1 opinion
- Smith v. . BradyNew York Court of Appeals · 1858
3Cited by1 opinion
- Carman v. . McIncrowNew York Court of Appeals · 1855