Reilly v. Lee
New York Supreme Court
Appeal from judgment on report'of referee. Action by Thomas W. Reilly and John O’Connor against John R. Lee. From a judgment in favor of plaintiffs for $2,378.27, and dismissing defendant’s counterclaim, defendant appeals. Affirmed. For former report, see 16 N. Y. Supp. 313.
1Opinion of the CourtParker, J.
The complaint alleged two separate causes of action, growing out of two different contracts. As to one there is *977no dispute, and for convenience we shall treat the matters in controversy as if but one cause of action was pleaded in the complaint. In brief, it was for a balance claimed to be due under a written contract entered into between the parties to this action in June, 1889, by which the plaintiffs agreed to build, construct, and finish “in the most substantial and workmanlike manner, and to the satisfaction and acceptance of the engineer or engineers in "charge of the Pennsylvania,…
2Cases cited5 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Woodward v. . FullerNew York Court of Appeals · 1880
- Taylor v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
- Walker v. . MillardNew York Court of Appeals · 1864
- Lennon v. . SmithNew York Court of Appeals · 1891
3Cited by2 opinions
- Caspary v. HatchAppellate Division of the Supreme Court of the State of New York · 1913
- Hudson River Power Transmission Co. v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904