Legal Opinion
Fogg v. Suburban Rapid-Transit Co.
New York Supreme Court
Decided November 15, 1895PublishedCited by 3 opinions
Appeal from circuit court, New York county. Action by John 0. Fogg and another against the Suburban Rapid-Transit Company. The complaint was dismissed, and plaintiffs appeal. Affirmed.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover for work, labor, and services, and materials furnished by the plaintiffs to the defendant. Three causes of action are set out,—one, for work, labor, and services, and material furnished under and pursuant to a written contract entered into between the plaintiffs and the defendant; the second and third, for extra work.
The plaintiffs, as part of their case, introduced in evidence the contract between the parties, which provided for the performance of extra work, and also contained the following provision:
“The party of the second part further agrees that he…
2Cases cited1 opinion
- Weeks v. . O'BrienNew York Court of Appeals · 1894
3Cited by3 opinions
- Floyd v. PughSupreme Court of Alabama · 1917
- Fidelity & Casualty Co. of New York v. DeLoachSupreme Court of Alabama · 1967
- John Weber & Co. v. HearnAppellate Division of the Supreme Court of the State of New York · 1900