Hellwig v. Blumenberg
New York Supreme Court
Appeal from judgment in favor of the plaintiff entered upon a trial by the court without a jury. Action to foreclose a mechanic’s lien.
1Opinion of the CourtPratt, J.
The principal question made on the appeal is as to the charge of $183 for blasting.
The written contract was to the effect that plaintiff should do “ all the excavating, grading,” etc., for the sum of $674.
The defendant claims that the blasting is included in the written contract under the term “ excavating,” and that no extra charge can be made therefor.
The "proof is to the effect that when the existence of a large mass of rock was disclosed this question arose between the parties. It was then agreed that plaintiff should blast the rock and the expense thereof should be borne equally by the…
2Cases cited51 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Smith v. . the PeopleNew York Court of Appeals · 1872
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- The People v. . JaehneNew York Court of Appeals · 1886
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
46 more not listed; retrieve them via the Exa API.