Legal Opinion

Spring v. Millington

New York County Courts

Decided August 15, 1904PublishedCited by 2 opinions

Appeal from a judgment rendered in Justice’s Court, October 10, 1903, in favor of plaintiff and against defendant for the sum of twenty dollars damages and seven dollars and thirty-five cents costs.

1Opinion of the CourtDevendorf, J.

This action was brought to recover a balance of five dollars on a three hundred dollar contract and for extra work and material to the amount of thirty dollars and fifty-five cents. The answer contained a general denial, plea of payment and alleges damages for breach of ■contract by way of set-off and counterclaim.

The contract mentioned was in writing and plaintiff agreed thereby to move a barn for the defendant from one farm to another and to place the same upon a stone-wall, masonry foundation at the westerly end of a barn on the premises; the floors to be on the same level. There were…

2Cases cited5 opinions

  1. Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
  2. Lomer v. . MeekerNew York Court of Appeals · 1862
  3. Denton v. CarrollAppellate Division of the Supreme Court of the State of New York · 1896
  4. Howe v. SchweinbergNew York Court of Common Pleas · 1893
  5. Van Nostrand v. HubbardAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. In re the Judicial Settlement of the Account of WatsonNew York Surrogate's Court · 1914
  2. Giltman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908

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