Gallagher v. Nichols
New York Court of Appeals
Appeal from judgment of a General Term of the City Court of Brooklyn affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount of an order accepted by defendant. The evidence showed that the defendant was owner of ten lots of land, situate on Fulton, near Classon avenue, city of Brooklyn.
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Appeal from judgment of a General Term of the City Court of Brooklyn affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount of an order accepted by defendant. The evidence showed that the defendant was owner of ten lots of land, situate on Fulton, near Classon avenue, city of Brooklyn. On the 24th of February, 18'72, he entered into a contract by which he agreed to sell said lots to one James Lewis, for the sum of $80,000; Lewis agreed to erect ten buildings thereon, defendant to advance to Lewis the sutn of $55,000, in installments;…
1Opinion of the CourtMiller, J.
The first question which demands consideration in this case is as to the effect and nature of the acceptance of the order or draft drawn by Lewis upon the defendant. The draft was drawn in favor of Gosson & Monahan, who had agreed to perform a certain portion of the work which Lewis had entered into a contract with the defendant to perform, in the erection of certain buildings upon the lands of the defendant. The order was drawn at the end of the contract of Lewis with Gosson & Monahan, for the amount to be paid to them “ on the completion' of the above contract when approved by me.” The…
2Cases cited10 opinions
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Smith v. GugertyNew York Supreme Court · 1848
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Lowery v. . StewardNew York Court of Appeals · 1862
- Parker v. . the City of SyracuseNew York Court of Appeals · 1865
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