Schmalz v. . Mead
New York Court of Appeals
Appeal, by defendant Sarah F. Mead, from judgment of the General Term of the Court of Common Pleas in and for the city and county of blew York, entered upon an order made April 1, 1889, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs and other lienors are not injured by the contract between Kuhn and Mead.
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Appeal, by defendant Sarah F. Mead, from judgment of the General Term of the Court of Common Pleas in and for the city and county of blew York, entered upon an order made April 1, 1889, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs and other lienors are not injured by the contract between Kuhn and Mead. (Laws of 1885, chap. 342, § 3.) The rule excluding parol evidence to contradict or vary the terms of a written instrument, cannot he evoked in favor of…
1Opinion of the CourtO’Brien, J.
“These actions were brought to foreclose a mechanic’s lien, and were consolidated by order of the court. The plaintiff and other parties, who were made defendants, were adjudged to be entitled to liens upon certain real estate -situated in the city of Hew York, of' which Sarah F. Mead, tiie defendant, was the owner. On the 7th of Hovember, 1885, the defendant’s husband, George W. Mead, as her agent, -entered into a written contract with one Kuhn for the sale to him of the real -estate described in the complaint. In this -contract it was agreed that Kuhn should build -certain houses on these…
2Cases cited4 opinions
- Rollin v. . CrossNew York Court of Appeals · 1871
- Otis v. . DoddNew York Court of Appeals · 1882
- Loonie v. . HoganNew York Court of Appeals · 1854
- Hackett v. . BadeauNew York Court of Appeals · 1875
3Cited by34 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
- Spruck v. . McRobertsNew York Court of Appeals · 1893
- McNulty Bros. v. . OffermanNew York Court of Appeals · 1917
- Stewart v. TalbottSupreme Court of Colorado · 1913
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