Bell v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Annie Fox and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of January, 1908, upon the decision of the court rendered after a trial at the Kings County Special Term, and also from an order entered in said clerk’s office on the 31st day of December, 1907, denying the defendants’ motion for a new trial upon the. ground of surprise and newly-discovered…
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Appeal by the defendants, Annie Fox and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of January, 1908, upon the decision of the court rendered after a trial at the Kings County Special Term, and also from an order entered in said clerk’s office on the 31st day of December, 1907, denying the defendants’ motion for a new trial upon the. ground of surprise and newly-discovered evidence.
1Opinion of the Court
Pee Curiam:
The contract in this case provided that' the building should be well and sufficiently erected and finished agreeably to the drawings and specifications made and signed by the parties, and thereto annexed, within the time specified therein in a good workmanlike and substantial manner to the satisfaction and under the direction of James D. Fox, to be testified by a writing or certificate under the hand of James D. Fox. It does not appear that any writing or certificate under the hand of James D. Fox was ever obtained by the plaintiff, and we fail to find either allegation in the…
2Cases cited1 opinion
- Tilden v. Buffalo Office Building Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Bell v. FoxAppellate Division of the Supreme Court of the State of New York · 1910
- Bell v. FoxAppellate Division of the Supreme Court of the State of New York · 1909