Raisler Heating Co. v. William J. Taylor Co.

This action was brought to recover an alleged balance due under a written agreement between the parties. As plaintiff was nonsuited at the close of its case, the motion to dismiss was tantamount to a demurrer to the evidence. The broad question presented, therefore, is whether plaintiff’s evidence, giving it every fair intendment, was sufficient to establish a prima facie case.

The defendant company contracted to erect a large office building known as the Canadian Pacific Building, situated at Madison avenue between Forty-fourth and Forty-third streets, New York city. The building was owned by…