Fleet v. New Era Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New Era Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the, clerk of the county of Orange on the 5th day of March, 1-910, upon the report of a referee appointed to hear and determine.
1Opinion of the Court
Jenks, P. J.:
The plaintiff, upon a plea of performance of a contract made in' February, 1907, sues- to recover $4,470, the balance due thereon, and for $269.75, the agreed ■ price of certain additional material. The plaintiff .admitted the payment of $500 and credited the defendant with $2,150, the price of certain materials which were omitted at the request of the defendant! The defendant admitted .the making of a contract, but in effect made general denials, pleaded as a' separate defense that the plaintiff had furnished but a part of the trim called for by the contract which was inferior…
2Cases cited6 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Reed v. . McConnellNew York Court of Appeals · 1892
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
- Harris v. Baltimore Machine & Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Finley v. PewWyoming Supreme Court · 1922