Brodie v. Fost
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herman Fost, from a judgment of the Municipal Court of the city of New York, borough of Queens, in favor of the plaintiff in the sum of $407.36.
1Opinion of the Court
Woodward, J.:
The plaintiff has recovered a judgment against the defendant for breach of contract, whereby the former was to do certain work on the latter’s premises for the sum of $1,128, the complaint alleging that after the plaintiff had begun the work the defendant gave it to another person and refused to let the plaintiff proceed with it. It appéars from the evidence that the plaintiff had arranged to .have . the work done by sub-contractors, and over the objection and exception of the defendant he was allowed to prove the amount of those sub-contracts. This was error for which the…
2Cases cited1 opinion
- Story v. . the New-York and Harlem Railroad Co.New York Court of Appeals · 1851
3Cited by4 opinions
- Indiana & Michigan Electric Co. v. Terre Haute Industries, Inc.Indiana Court of Appeals · 1987
- Louvin Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1934
- Hirsh v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Indiana & Michigan Electric Co. v. Terre Haute Industries, Inc.Indiana Court of Appeals · 1987