American Encaustic Tiling Co. v. Reich
City of New York Municipal Court
Appeal from trial term. Action by the American Encaustic Tiling Company, Limited, against Lorenz Beich, for work done by plaintiff upon a house owned by defendant. The jury found a' verdict for plaintiff. From the judgment for plaintiff entered on the verdict, defendant appeals.
1Per curiam
The case was fairly submitted to the jury on evidence which fully justifies the result arrived at by them. The exceptions alone require consideration here.
*7771. The plaintiff alleged and proved both the price agreed upon and the reasonable value. It had the right to set out and prove two or more separate and distinct reasons for obtaining the relief it asks, and an election will not be compelled; any exception bearing on that subject is of no avail. Velie v. Insurance Co., 8 Civil Proc. R. 202; Schuyler v. Peck, 8 N. Y. Supp. 849. There is nothing inconsistent in the two claims that the defendant…
2Cases cited1 opinion
- Schuyler v. PeckCity of New York Municipal Court · 1890
3Cited by2 opinions
- Newcombe v. HymanAppellate Terms of the Supreme Court of New York · 1896
- Redlinger & Hanson Co. v. ParkerNorth Dakota Supreme Court · 1932