Zimmermann v. Jourgensen
New York Supreme Court
Appeal from judgment on report of referee. Action by Jacob A. Zimmermann and Joseph J. Zimmermann ;against Christian Jourgensen on a building contract. From a judgment dismissing the complaint on the merits, and in favor of defendant on a counterclaim, plaintiffs appeal.
1Opinion of the CourtO’Brien, J.
This is the second time this action has come before this general term for review. It was brought on a building contract between plaintiffs, as contractors, and defendant, as owner, to recover a balance claimed by plaintiffs to be due for making •alterations and additions to defendant’s building in Maiden Lane, "in this city, under such written contract. By its terms the contract provided for the payment to plaintiffs of the sum of $14,199 for the entire work, in the fallowing manner: $4,000 when the third tier of beams was placed in position, $4,000 when the roof was on, •and the balance,…
Also in this document: Concurrence.
2Cases cited1 opinion
- Woodward v. . FullerNew York Court of Appeals · 1880
3Cited by3 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Bayfield County v. OgrenWisconsin Supreme Court · 1920
- Wilson v. CurranAppellate Division of the Supreme Court of the State of New York · 1920