Smith v. Cowan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stuart W. Cowan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 17th day of October, 1895, upon the verdict of a jury rendered after a trial at the Westchester Circuit, and also from an order entered in said clerk’s office on the 18th day of October, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This action is to recover for dredging and excavation done by the plaintiff for the defendant. The dredging was done in the excavation of a canal and basin on defendant’s meadow. The employment of the plaintiff and the amount of work done by him are not in dispute. Both parties assert that there was an oral contract between them for the excavation of the whole canal and basin. They agree on the price to be paid, which was twelve and a half cents a yard. The vital dispute between them is as to the depth to which the canal and basin were to be excavated, the plaintiff insisting that…
2Cases cited2 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Champlin v. RowleyNew York Supreme Court · 1835
3Cited by5 opinions
- Simmons v. Ocean CausewayAppellate Division of the Supreme Court of the State of New York · 1897
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Cassady v. HortonAppellate Terms of the Supreme Court of New York · 1900
- D'Onfro v. StateAppellate Division of the Supreme Court of the State of New York · 1945
- Krombach v. TeilelbaumAppellate Terms of the Supreme Court of New York · 1904