Campbell v. Mandeville
New York Court of Appeals
Action to foreclose a mechanic’s lien for work, labor and materials done and furnished under a building contract. Appeal from a judgment of the general term of the supreme court, affirming a judgment in favor of plaintiff entered upon the decisions of the court.
1Per curiam
Although the answer is a denial of indebtedness, and contains a counterclaim for defective work of plaintiff, an examination of the evidence before the trial court shows that what was in controversy between the parties was not the right of plaintiff to recover at all, but *81simply the number of brick furnished by him to the buildings in question, the amount of concrete done and the amount of excavation, with the values of the work and materials. Such resort to the proceedings and evidence is authorized in Knapp v. Deyo, decided by this court, February term, 1888. 108 N. Y. 518; 13 N. Y, State…
2Cases cited1 opinion
- Knapp v. . DeyoNew York Court of Appeals · 1888