Kelly v. St. Michael's Roman Catholic Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Francis J. Kelly and others, composing the firm, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 29th day of July, 1907, denying the plaintiffs’ motion for a bill of particulars of the counterclaim contained in the defendants’ answer.
1Opinion of the Court
Woodward, J.:
The plaintiffs sue on two causes of action. The first is for a' balance of $2,286.56, alleged to be due under the terms of a building contract with the defendant, St. Michael’s Roman Catholic church, through its rector, and the second is for $10,765.55, alleged to be due for extras incidental to the work, an itemized statement accompanying the complaint showing what' these alleged extras consisted of. The complaint alleges that the plaintiffs fully performed the terms of the contract on their part, and that they furnished the labor, materials, etc.,' for the extras at the special…
2Cases cited1 opinion
- Hopper v. WeberAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Markel-Tucker-Cook Co. v. EhrlichAppellate Division of the Supreme Court of the State of New York · 1924