Wennerstrom v. Kelly
New York Court of Common Pleas
Appeal from third district court. Action by Albert P. Wennerstrom against Eugene Kelly, Jr., to recover for work, repairs, and services performed and materials furnished in and about the making of necessary household repairs at defendant’s residence. From a judgment in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
As regards the disputed items of plaintiff’s claim, it was conceded by him that the repairs were made upon the immediate instructions and under the direction of defendant’s household servant; and the only ground upon which defendant assails the judgment is that there was no evidence of the servant’s authority. It appears, however, that the premises wherein the repairs were made were occupied by defendant as the common residence of himself and wife; that as to some of the disputed items, at least, defendant’s wife was aware at the time that the repairs were in progress; and that, not only did…
2Cases cited10 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- The People v. . HoveyNew York Court of Appeals · 1883
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
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3Cited by10 opinions
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- McClanahan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Mann v. Stewart Sand Co.Missouri Court of Appeals · 1922
- Doherty v. LordNew York Court of Common Pleas · 1894
- Frankel v. WolfNew York Court of Common Pleas · 1894
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