Helmick v. Churchill
New York Supreme Court
Appeal from Chautauqua county court. Action by Frank J. Helmick against Lester Churchill for work done and for breach of contract. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtWard, J.
Upon the return day of the summons issued by the justice, the plaintiff complained in an action on contract, and sought to recover for work and labor done for the defendant, and for damages by reason of a breach of contract to remove for defendant certain buildings and tools, and demanded judgment for §30 and costs. The defendant answered, denying each and every allegation contained in the complaint, and demanded a jury for a trial of the issue. A jury was drawn, sworn, and the trial was had before them; but they were unable to agree, and were discharged. The parties agreed that another jury…
2Cases cited1 opinion
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
3Cited by4 opinions
- Bell v. MoranAppellate Division of the Supreme Court of the State of New York · 1898
- Daley v. Dennis, New York County Courts1930
- Epstein v. Prosser, New York County Courts1908
- Epstein v. ProsserNew York County Court, Steuben County · 1908