Carll v. . Spofford
New York Court of Appeals
Appeal from a judgment of the G-eneral Term of the Supreme Court, of the second judicial district, affirming a judgment for the plaintiff entered upon the report of a referee. This action was upon the quantum meruit for the balance of a shipwright’s bill for repairs upon a brig belonging to the defendant. The whole amount of the bill claimed was $12,236.49, of which $5,921.08 had been paid, leaving a balance of $6,315.41 due.
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Appeal from a judgment of the G-eneral Term of the Supreme Court, of the second judicial district, affirming a judgment for the plaintiff entered upon the report of a referee. This action was upon the quantum meruit for the balance of a shipwright’s bill for repairs upon a brig belonging to the defendant. The whole amount of the bill claimed was $12,236.49, of which $5,921.08 had been paid, leaving a balance of $6,315.41 due. At the defendant’s request the plaintiff examined the vessel and expressed the opinion that she was well worth repairing. He declined to do the work upon contract for a…
1Opinion of the Court
Church, Ch. J.
The judgment was rendered for the balance claimed to be due the plaintiff, for work and materials done and furnished, in repairing and refitting the brig “ Bush,” belonging to defendant. It appeared that, after negotiations between the parties, in which the plaintiff had refused to limit the expense to a specified sum, and stated that he could not make an estimate, but that, at a rough guess, he supposed the repairs would be $6,000 or $8,000, the defendant wrote the following letter to the plaintiff, which, the referee finds, contained the essential conditions of the contract:
“…
2Cited by1 opinion
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