A. Schwoerer & Sons, Inc. v. Stone
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, A. Schwoerer & Sons, Incorporated, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Hew York on the 25th day of January, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Hew York Trial Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the sum of $1,650 and interest therpon for labor performed and materials furnished on a building which was being constructed by the Wolff Construction Company, • the complaint alleging that the plaintiff had a contract with it to perform work and furnish materials in and about the roof, but before any of the work was performed or any of the materials furnished, the construction company became financially embarrassed and the plaintiff refused to proceed under its contract; thereafter, at the request of the defendant, who was interested in the…
2Cases cited3 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Raabe v. . SquierNew York Court of Appeals · 1895
- Reisler v. SilbermintzAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by9 opinions
- Richardson Press v. . AlbrightNew York Court of Appeals · 1918
- R & L. Co. v. MetzAppellate Division of the Supreme Court of the State of New York · 1914
- Richardson Press v. VandergriftAppellate Division of the Supreme Court of the State of New York · 1914
- Voska, Foelsch & Sidlo, Inc. v. RulandAppellate Division of the Supreme Court of the State of New York · 1916
- Antonio Altimari, Inc. v. HochbergNassau County District Court · 1969
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