Murphy v. Stickley-Simonds Co.
New York Supreme Court
Appeal from judgment on report of referee. Action by David Murphy and John W. Gee against the Stickley-Simonds Company and others to foreclose a mechanic’s lien. The referee awarded damages for the balance due on the contract, and also $450 for extra work performed and materials furnished to defendant, finding a total amount in favor of plaintiffs of $5,416.66. Defendant the Stickley-Simonds Company appeals.
1Opinion of the CourtHardin, P. J.
Plaintiffs, copartners and contractors, on the 4th day of May, 1892, entered into a contract with the Stickley-Simonds Company, of the city of Auburn, to furnish materials necessary to the erection and completion of all work according to plans and specifications prepared by an architect for the erection of a factory building at Eastwood Heights, near the easterly limits of the city of Syracuse, and the defendant stipulated to pay therefor the sum of $22,000, payments to be made “during the progress of the work upon the estimate of the architect.” The owner reserved “the privilege of changing…
2Cases cited11 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Glacius v. . BlackNew York Court of Appeals · 1872
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Smith v. . AlkerNew York Court of Appeals · 1886
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3Cited by3 opinions
- Duell v. McCrawNew York Supreme Court · 1895
- Brandt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- C. T. Willard Co. v. City of New YorkNew York Supreme Court · 1913