Lewis v. Yagel
New York Supreme Court
Appeal from judgment on report of referee. Action by Alfred 0. Lewis and William D. Stevens against Barbara Yagel to recover a balance due on a building contract for the erection and construction of two three-story and basement, stone, brick, and wood stores, and upon a contract for the plumbing and building an area wall for said building, and also for extra work. From a judgment in favor of plaintiffs for $989.47 damages and $2,552.25 costs, defendant appeals. Reversed. ,
1Opinion of the CourtMartin, J.
In the complaint, as a first cause of action, it was alleged that the plaintiffs were copartners; that on the 2d day of June, 1886, they entered into a written agreement with the defendant to construct two three-story stores, except party walls, plumbing, and' painting, and to furnish the materials therefor, for the sum of $7,700, part of which was to be paid in installments as the work progressed, and at completion, upon the production of the architect’s certificate that the work was completed in accordance with the contract, the remainder was to be paid; that they performed such work on…
2Cases cited14 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Glacius v. . BlackNew York Court of Appeals · 1872
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Woodward v. . FullerNew York Court of Appeals · 1880
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3Cited by8 opinions
- Langley v. . RoussNew York Court of Appeals · 1906
- National Union Fire Ins. Co. v. DuvallCourt of Appeals of Kentucky (pre-1976) · 1937
- Town of Sterling v. HurdSupreme Court of Colorado · 1908
- Murphy v. Stickley-Simonds Co.New York Supreme Court · 1894
- Haist v. BellAppellate Division of the Supreme Court of the State of New York · 1897
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