Lossing v. . Cushman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1908, affirming a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1908, affirming a judgment in favor of plaintiff entered upon the report of a referee. The plaintiff alleged in his complaint that between June 1st and September 10th, 1905, he performed work, labor and services for the defendant and furnished' materials to him at his request, in building a tenement house and an addition to an old house on the farm of the latter in Bedford, New York, and that said work and materials were reasonably worth the sum of $4,060.07, no part of…
1Opinion of the CourtVann, J.
The main issue in this action was whether the defendant was authorized to terminate the contract, take possession of the work and finish it at the expense of the plaintiff. The question controlling'that issue was whether the conceded delay was justified by the changes alleged to have been directed by the defendant. That question in turn depended upon the ultimate question whether the contract required that a cellar should be excavated under the entire building or under only a small part thereof.
The plaintiff, in order to sustain his theory, was allowed to show by parol testimony that before…
2Cases cited3 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- House v. . WalchNew York Court of Appeals · 1895
- Murdock v. . GouldNew York Court of Appeals · 1908
3Cited by13 opinions
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Pryor v. . City of BuffaloNew York Court of Appeals · 1909
- Loomis v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- New Amsterdam Casualty Co. v. Mobinco Brokerage Co.Appellate Division of the Supreme Court of the State of New York · 1927
- William H. Waters, Inc. v. MarchAppellate Division of the Supreme Court of the State of New York · 1934
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