Brown v. . Weber
New York Court of Appeals
The Defendant contracted, in writing, witb one Ilorton, to build a saw-mill for him upon the Defendant’s land — Horton furnishing the materials therefor, according to the specifications of the contract — and to pay him therefor, as in like manner specified. Horton framed and raised the building, and then contracted, in writing, with the Plaintiff to complete the same, Horton furnishing a portion of the materials therefor.
Read the full summary
The Defendant contracted, in writing, witb one Ilorton, to build a saw-mill for him upon the Defendant’s land — Horton furnishing the materials therefor, according to the specifications of the contract — and to pay him therefor, as in like manner specified. Horton framed and raised the building, and then contracted, in writing, with the Plaintiff to complete the same, Horton furnishing a portion of the materials therefor. In addition to the above facts, the referee further found that the Plaintiff commenced work upon the mill under the contract between him and Horton. That after he had so…
1Opinion of the CourtGrover, J.
Leaving the question arising upon the Statute of Frauds entirely out of view, I am unable to see how the Plaintiff can recover of the Defendant for the work done by the former iu building the saw-mill. The promise by the Defendant to the Plaintiff was upon the performance by the latter of the contract of Horton to build the mill. The referee, so far from finding performance of this contract by the Plaintiff, has expressly found that he did not perform it, and has also found the particulars in which he failed so to do. It is impossible to say that all these specified particulars constitute no…
2Cases cited1 opinion
- Mallory v. . GillettNew York Court of Appeals · 1860
3Cited by37 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Calkins v. ChandlerMichigan Supreme Court · 1877
- People's Bank v. . MitchellNew York Court of Appeals · 1878
- Kiernan v. KratzOregon Supreme Court · 1902
- Westmoreland v. PorterSupreme Court of Alabama · 1883
32 more not listed; retrieve them via the Exa API.