Gillies v. Manhattan Beach Improvement Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 11, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 11, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The complaint in this action alleged “ that plaintiff, at the request of defendant, and for its benefit, performed work, labor and services by himself and his employees, and furnished materials of various kinds and descriptions in and about the work, for defendant, in the county of Kings, in and about the building and construction of a bulkhead and dyke, with other…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a sum which the referee found was the balance due him upon a contract between the parties, whereby the plaintiff undertook to perform for the defendant certain work which is specified therein.
The defendant, in support of the appeal, presents but two questions as ground for the reversal of the judgment(1) That the complaint set out a cause of action upon a quantum, meruit, and the recovery was upon the contract, and that seems to be so. The defendant’s answer alleged that the work was done under the contract, claimed that there was a breach of it by the plaintiff in…
2Cases cited3 opinions
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Holmes v. . RoperNew York Court of Appeals · 1894
- Matter of RyanNew York Court of Appeals · 1894
3Cited by19 opinions
- Henderson v. HendersonNew York Court of Appeals · 1928
- Pattison v. PattisonNew York Court of Appeals · 1950
- Brady v. . NallyNew York Court of Appeals · 1896
- Martin v. . Home BankNew York Court of Appeals · 1899
- Krebs Hop Co. v. LivesleyOregon Supreme Court · 1908
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