Hart v. Lauman
New York Supreme Court
APPEAL from a judgment entered at a special term upon the report of referees. The bomplaint contained three causes of action.
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APPEAL from a judgment entered at a special term upon the report of referees. The bomplaint contained three causes of action. The first set forth, that about the 1st day of April, 1851, the plaintiff and one Simon jdpéar contracted with the defendants to do work on a railhead^ whjbii was-done by the plaintiff, as was_ also other*'work not 'embr^ced1 in the contract, to the amount of $10,856^. The segohd set forth, that the defendants refused to allow the pontiff to do certain portions of said work, and caused A^fiíntions in doing certain other portions, to the damagcISr the plaintiff of…
1Opinion of the Court
By the Court, Johnsoh, J.
The referees have found, upon the new trial, that 6100 cubic yards of hard pan were excavated, under a new and separate agreement, by which ther plaintiff was to receive a reasonable compensation for his services in making such excavation, which they find to he forty cents per cubic yard. This agreement, upon the new finding, was a valid one. The plaintiff, according to this finding, after unexpectedly encountering this hard material, gave notice to one of the defendants that he could not go on and excavate this material at the price named in the contract, and must…
2Cases cited1 opinion
- Moore v. Hudson River RailroadNew York Supreme Court · 1851
3Cited by14 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Van Cott v. . Van BruntNew York Court of Appeals · 1880
- Voorhees v. CombsSupreme Court of New Jersey · 1869
- Coe v. East & W. R. Co.U.S. Circuit Court for the District of Southern Alabama · 1892
- Meech v. City of BuffaloNew York Court of Appeals · 1864
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