Cehio v. Fischer
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants; Max A. Fischer and others, from an interlocutory judgment of- the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 9th day of ¡November, 1910, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the said defendants’ demurrers to the second amended complaint.
1Opinion of the Court
Pee Curiam:
This is an' action to foreclose a mechanic’s lien and the defendants have separately demurred to the complaint upon the ground that causes of action have been improperly united. It is probably true that the demand for judgment contains provisions beyond the power of the court to grant (Dowdney v. MeCullom, 59 N. Y. 367), but we agree with the learned court at Special Term that “ there is but one cause of action arising out of the original building contract.” The fact that a part of the consideration expressed in the contract was to be paid by the conveyance of a portion of the…
2Cases cited1 opinion
- Dowdney v. . McCullomNew York Court of Appeals · 1874