Jackson Architectural Iron-Works v. Rouss
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by the Jackson Architectural Iron-Works against Charles Broadway Eouss. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtMcAdam, J.
The action was brought for the foreclosure of a mechanic’s lien, the plaintiff claiming $6,308.50 as a balance due for contract and extra work, and $4,138 as the agreed price of an iron staircase put up by the plaintiff in the defendant’s building. Themain controversy presented by the pleadings and tried by the court was over the question whether the staircase was included in the original contract between the parties, the defendant resting his claim of non-performance of the contract on the proposition that because a certain staircase was included in the contract, and not built as he claimed…
2Cases cited4 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
- Butler v. TuckerNew York Supreme Court · 1840
- Anderson v. MeislahnNew York Court of Common Pleas · 1883