Snyder v. Monroe Eckstein Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J ames Snyder, from a judgment of the Supreme Court in favor of the defendant the Monroe Eckstein ' Brewing Company, entered in the office of the clerk of the county of Richmond on the 29th day of June, 1904, upon the decision of the court, rendered after a trial at the Richmond Special Term, directing the cancellation of a mechanic’s lien ánd the lis pendens filed in the above-entitled action, which was brought to foreclose the said lien.
1Opinion of the Court
Woodward, J.:
On the 14th of August, 1902, the Monroe Eckstein Brewing Company entered' into a written contract with Gustav Penet. for the construction of a building at arvagreed price of $6,000, payable in thre’e installments of $1,400 each, with a final payment of $1,-800.
' This contract provided that payments should be made only upon the certificate of the architect. The plaintiff in this action was a sub*329contractor and had charge of - the work of putting in the plumbing at an agreed price of $900, the language of his proposition, which was accepted, clearly indicating that payment was to be…
2Cited by1 opinion
- Rosenbaum v. PaletzAppellate Terms of the Supreme Court of New York · 1909