Grossman Bros. & Rosenbaum v. Phillips
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of the Bronx, second district, in favor of defendants, entered after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
This action is brought to recover for two items of extra work done in connection with a written contract for the installation of certain stairways on defendants’ premises.
The defenses are in substance, accord and satisfaction and a claim that the items claimed as extra work were included in the contract between the parties.
It is evident that there was no accord and satisfaction, because, although defendants sent a check for the balance of the contract price to plaintiff and marked thereon that it was in full for all work done in the building in question, plaintiff showed that he did not…
2Cases cited3 opinions
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Morowski v. RohrigNew York Court of Common Pleas · 1893
- Harby v. HenesAppellate Terms of the Supreme Court of New York · 1904