Sand v. Kenney Manufacturing Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court-of New York, Special Term. Action by Daniel Sand against the Kenney Manufacturing' Company. From an interlocutory judgment sustaining a demurrer to the answer, defendant appeals.
1Opinion of the CourtMacEEAN, J.
Answering a complaint, for work, labor, and services, alleging that one Kries, the assignor of the plaintiff, procured for the defendant a contract for plumbing materials for the cadet quarters at Annapolis, for which services the reasonable value, which the defendant agreed to pay, was 5 per cent, on the amount of the contract, the defendant put in: (1) A denial; (2) a defense that he, the defendant, relying upon false and fraudulent representations by Kries, had promised to pay Kries for certain services, the alleged services set forth in the complaint, which services were not in fact…
Also in this document: Concurrence.
2Cases cited1 opinion
- Isbell-Porter Co. v. HeinemanAppellate Division of the Supreme Court of the State of New York · 1906