Porter v. Swan

Clement, Ch. J.

This action was brought to recover the value of extra work and materials on two building contracts, one for the erection of a dwelling house, and the other of a stable. The referee reported in favor of the plain-' tiff for the sum of $52 for extra work on the stable, and for the sum of $1,132.96 for extra work on the house. The defendant contests, on this appeal, only the claim of plaintiff for the extra work on the house.

There was a sharp conflict in the testimony. The assignor of plaintiff, Elihu Porter, who was the contractor, was contradicted by the defendant. There seems…