Legal Opinion

Gompert v. Healy

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1912PublishedCited by 7 opinions

Appeal by the defendant, Patrick J. Healy, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, rendered on the 20th day of May, 1911, upon the verdict of a jury, for the sum of $200 and $24.40 costs.

1Opinion of the Court

Hirschberg, J.:

The plaintiff has recovered judgment in an action brought for services rendered in the supervision of the erection of a house for the defendant upon plans prepared by the plaintiff. *199The contract was an entire one and entitled the plaintiff to the sum of ten per cent upon the cost of the dwelling. The ten per cent amounted to the sum of $780 and one-half of this sum had been paid to the plaintiff before the action was brought. The action was brought to recover the balance of $390, and the verdict of the jury was reached by deducting the sum of $190 for damages occasioned by…

2Cases cited3 opinions

  1. Spence v. . HamNew York Court of Appeals · 1900
  2. Spence v. HamAppellate Division of the Supreme Court of the State of New York · 1898
  3. Lashinsky v. SilvermanAppellate Terms of the Supreme Court of New York · 1905

3Cited by7 opinions

  1. Austin v. Brown Bros.Idaho Supreme Court · 1917
  2. Fidelity & Deposit Co. of Maryland v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1957
  3. Asesores y Consejeros Aconsec CIA, S.A. v. Global Emerging Markets North America, Inc.District Court, S.D. New York · 2012
  4. Carefree Building Products, Inc. v. BelinaAppellate Division of the Supreme Court of the State of New York · 1991
  5. Fidelity And Deposit Company Of Maryland v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1957

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