Sulyewski v. Windholz
New York Court of Common Pleas
Appeal from ninth district court. Action by John Sulyewski against Minna Windholz. There was ,a judgment in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
This action was brought by the respond•ent to recover for work, labor, and services which he claims to *231have performed for the appellant. On the trial it appeared from the plaintiff’s testimony that a portion of the work was done under contract, and a certain other portion by day’s work, and not under contract. Defendant’s contention was that the whole was performed under contract, and fully paid for. Defendant did not at any túne move for a dismissal of the complaint, thereby admitting that plaintiff’s proof was sufficient to support his cause of action. Curtis v. Manufacturing Co., 7 Misc.…
2Cases cited7 opinions
- Schwartz v. WechlerNew York Court of Common Pleas · 1892
- Carroll v. O'SheaNew York Court of Common Pleas · 1893
- Frankel v. WolfNew York Court of Common Pleas · 1894
- Styler v. Long Island RailroadNew York Supreme Court · 1894
- Curtis v. Saddlery Hardware Manufacturing Co.New York Court of Common Pleas · 1894
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