Fitzgerald v. . Moran
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made August 11, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on, trial at Special Term dismissing the complaint. This action was brought to foreclose a mechanic’s lien filed by plaintiff, a sub-contractor, against defendants, the contractor and owner.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made August 11, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on, trial at Special Term dismissing the complaint. This action was brought to foreclose a mechanic’s lien filed by plaintiff, a sub-contractor, against defendants, the contractor and owner. Plaintiff contracted to do the plasterer’s work according to-the written specifications of a building contract between the owner and the principal contractor. The defendants set up…
1Opinion of the Court
Andrews, Ch. J.
It is not claimed that the plaster was mixed with equal parts of sand and cement as required by the specifications. But the plaintiff claims that in preparing the mixture he followed the directions of the agent of J. B. King & Co., the manufacturers of the cement, and that by his direction the mixture was made of two parts of sand to one of cement. The specifications in respect to the plastering, after providing that King’s Windsor cement should be used, and that the work should be done under the direction of a superintendent of J. B. 'King & Co., in the next specification :■…
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