Delehanty v. Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bart Dunn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of November, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of December, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The defendant had a contract with the city of New York for the improvement of Jefferson Park, pursuant to which he was among other things-to furnish and spread 15,500 cubic yards of mould, and to furnish and lay 278,800 square yards of sod. He and the plaintiff’s assignor, Dunne & Co., each signed and delivered to the other duplicate writings, of which the following is a copy:
“New York, Mch. 16\03.
“ Mess. Dunne & Co.:
“ I agree to pay you one & 10/100 Dolls. (1.10) per cubic yard for mould furnished & spread, and one & one half cents (.01%) per square foot for sod furnished & laid,…
2Cases cited5 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Baker v. . HigginsNew York Court of Appeals · 1860
- La Farge v. RickertNew York Supreme Court · 1830
- Jackson ex dem. Harris v. HarrisNew York Supreme Court · 1811
3Cited by4 opinions
- Stewart v. . NewburyNew York Court of Appeals · 1917
- W. G. Cornell Co. v. McKieverAppellate Division of the Supreme Court of the State of New York · 1925
- Delehanty v. DunnAppellate Division of the Supreme Court of the State of New York · 1914
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913