Girardi v. Irving
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edgar Irving and another, from a judgment of the County Court of Saratoga county, entered in the office of the clerk of said county on the 21st day of June, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of July, 1918, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
There is evidence which justified the jury in finding that the defendants authorized one John Cross, their foreman on a State road contract, to enter into a contract with the plaintiff in this action to provide men and sleeping and boarding accommodations for carrying on this work, or, if the letter making such authorization did not contemplate such a contract as the foreman entered into, that it was subsequently ratified. My impression is that the contract, which provides for the payment of $100 to Cross, was intended as a contribution to the defendants’ agent, which could not…
2Cases cited2 opinions
- Dutton v. . WillnerNew York Court of Appeals · 1873
- Marshall v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1917