Stevens v. Smith
New York County Court, Cayuga County
Appeal from City Court of Auburn. Action by H. L. Stevens and another against Joseph Smith. From a judgment for plaintiffs, both parties appeal. Reversed, and new trial ordered.
1Opinion of the CourtGreenfield, J.
The action was to recover damages for a breach of a contract to build a cellar wall under, and make certain repairs to, plaintiffs’ dwelling house. The agreement was in writing, and the trial court found that the defendant had failed to keep and perform it, and that the plaintiffs were entitled to recover damages therefor. No good reason has been advanced why the question as to which party was at fault, in that respect, was not properly disposed of by the trial court.
As to the measure and amount of damages, however, a serious question is presented. The plaintiffs were allowed to show, against…
2Cases cited8 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Manheim v. SeitzAppellate Division of the Supreme Court of the State of New York · 1897
- Hartmann v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1901
- Hartmann v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1902
- Hartmann v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1901
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