Staubsandt v. Lennon
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Eugene Staubsandt and Bobert F. Staubsandt against William F. Lennon and David Conover to foreclose a mechanic’s lien. From a judgment of foreclosure entered on the report of a referee,, defendant William F. Lennon appeals.
1Opinion of the CourtDaly, C. J.
The action was brought to foreclose a mechanic’s, lien for a balance of $800 claimed to be due under a certain contract between plaintiffs and defendant Lennon for painting and other-work upon five houses on West Mnety-Mnth street, in this city. The-complaint alleged performance, which was denied by the answer.. The referee found that the contract was substantially performed, and, after allowing $100 for some shortcomings, found that the-plaintiffs were entitled to $700, and interest, and that they had a valid lien for that amount. The defendants contend that the find*545ings show a failure of…
2Cases cited1 opinion
- Elting v. DaytonNew York Supreme Court · 1892
3Cited by2 opinions
- Union Stove Works v. KlingmanAppellate Division of the Supreme Court of the State of New York · 1897
- Cunningham v. DoyleNew York Court of Common Pleas · 1893