Terwilleger v. Ontario, Carbondale & Scranton Railroad
New York Supreme Court
Appeal from judgment on report of referee. Action by Lewis W. Terwilleger against the Ontario, Carbondale & Scranton Railroad From a judgment in favor of plaintiff for $624.91 damages, besides costs, defendant appeals.
1Opinion of the CourtMerwin, J.
In the complaint it is alleged that the ties were sold and delivered at an agreed price. Ho agreement as to price is found, but the value is found, and judgment for that is ordered. The appellant claims that under the complaint a judgment for the value is not warranted. In Taylor v. Pinckney, 3 N. Y. St. Rep. 158, 12 Civil Proc. R. 107, it was held that one may declare on a special contract, and, failing to prove such, may recover on a quantum meruit. In Sussdorff v. Schmidt, 55 N. Y. 320, it was held that, under a complaint to recover an alleged agreed compensation for services, a recovery…
2Cases cited6 opinions
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Brabin v. . HydeNew York Court of Appeals · 1865
- Schwinger v. . RaymondNew York Court of Appeals · 1880
- Romeyn v. . SicklesNew York Court of Appeals · 1888
- Walrath v. RichieNew York Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Canet v. SmithAppellate Division of the Supreme Court of the State of New York · 1916