Field v. Stewart
The Superior Court of New York City
Appeal from an order. This action was brought by Henry M. Field against James Stewart and John H. Masterton. The complaint alleged that the defendants contracted to supply mason work and materials in the erection of a dwelling for plaintiff; that they were skilled mechanics, while he had little knowledge of -the subject; that they misiepresented the quality of the "building stone, and induced him to designate in the contract what was an inferior quality, intentionally…
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Appeal from an order. This action was brought by Henry M. Field against James Stewart and John H. Masterton. The complaint alleged that the defendants contracted to supply mason work and materials in the erection of a dwelling for plaintiff; that they were skilled mechanics, while he had little knowledge of -the subject; that they misiepresented the quality of the "building stone, and induced him to designate in the contract what was an inferior quality, intentionally deceiving him thereby; that they agreed to use the "best materials and workmanship ; "but had used poor materials and done the…
1Opinion of the Court
By the Court.—Freedman, J.
This is an appeal from an order made at special term denying the motion of the defendants to compel the plaintiff to make his complaint more definite and certain, to state two causes of action, alleged to he contained in one count, sepa*199rately, and to number the same, and to strike out irrelevant and redundant matter therefrom. The’denial of the motion was a matter resting in the discretion of the judge below, and relates to a mere matter of practice or form of proceeding; it does not involve the meiits of the action, or some part thereof, and the order, therefore, is…
2Cases cited2 opinions
- Salters v. GeninThe Superior Court of New York City · 1860
- Whitney v. Waterman & WhitneyNew York Supreme Court · 1850
3Cited by2 opinions
- Emmens v. McMillan Co.Appellate Terms of the Supreme Court of New York · 1897
- Geis v. LoewThe Superior Court of New York City · 1873