Pelletreau v. United States Electric L. & P. Co.
New York Court of Common Pleas
Appeal from Second district court. Action by Maltby K. Pelletreau, as receiver of the Brett Lithographing Company, against the United States Electric Light & Power Company, for work, labor, and services performed and materials furnished. The answer set up a general denial and the statute of frauds. Judgment was rendered in favor of plaintiff, and defendant appeals. For decision on former appeal, see 30 N. Y. Supp. 948.
1Opinion of the CourtGiegerich, J.
The plaintiff, at the time of the transactions hereafter referred to, was a lithographer. After having made two or three sketches or engravings for a letter head containing the name and address of the defendant, and after furnishing it with a proof and an estimate, the latter, through its authorized agent, orally gave an order to the plaintiff to lithograph 15,000 letter heads on United *126States linen paper for $57; he to furnish the paper and to do the lithographing on it. There was a direct conflict upon the trial as to the exact terms of the contract. On the one hand, the testimony adduced…
2Cases cited4 opinions
- Lynes v. HickeyNew York Court of Common Pleas · 1893
- Passaic Manufacturing Co. v. HoffmanNew York Court of Common Pleas · 1871
- Hinds v. KelloggNew York Court of Common Pleas · 1891
- Alfred Shrimpton & Sons, Ltd. v. DworskyNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Roubicek & Zobel v. HaddadSupreme Court of New Jersey · 1902
- Smith v. DavisAppellate Terms of the Supreme Court of New York · 1899