Thompson v. Yates
New York Supreme Court
This was an appeal from a judgment rendered in the county court of Rensseler county, in favor of the respondent. On the 18th day of September, 1862, the respondent, Susannah Yates, entered into a contract in writing with one Daniel Smith, by which said Smith agreed to construct a house and furnish the materials therefor for said Yates, at the sum of $1,100, to be paid when called for, as the work progressed.
Read the full summary
This was an appeal from a judgment rendered in the county court of Rensseler county, in favor of the respondent. On the 18th day of September, 1862, the respondent, Susannah Yates, entered into a contract in writing with one Daniel Smith, by which said Smith agreed to construct a house and furnish the materials therefor for said Yates, at the sum of $1,100, to be paid when called for, as the work progressed. On the 22d of September, 1862, one Thomas Courtney entered into an agreement in writing with said Smith to do the carpenter work and furnish the materials for said house ; Courtney acting…
1Opinion of the Court
By the court, I think this cause was properly disposed of by the county court, upon the ground assumed by that court. Mrs. Yates contracted solely with the contractor Smith, and by the terms of that contract she was to pay when called upon as the work progressed, and did pay from time to time to Smith, or upon his order, and on the llth of December, 1862, upon the assumption that the work ivas completed, paid $390, which was claimed by Smith, and supposed by Mrs. Yates to be the balance due upon the contract, and took a receipt in full. No work was done to the house after that payment save…
2Cited by1 opinion
- Carman v. . McIncrowNew York Court of Appeals · 1855