Koon v. Greenman
New York Supreme Court
Error from the Mayor’s court of Troy. In June, 1828, Greenman agreed to build two stacks of chimnies, and to do other mason work in the building of a dwelling house; the materials to be provided by Koon, and the work to be com* pleted by the 1st August, 1828, for which Koon was to pay certa¡n stipulated prices.
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Error from the Mayor’s court of Troy. In June, 1828, Greenman agreed to build two stacks of chimnies, and to do other mason work in the building of a dwelling house; the materials to be provided by Koon, and the work to be com* pleted by the 1st August, 1828, for which Koon was to pay certa¡n stipulated prices. Greenman commenced the job, but was delayed in his work, by the neglect of Koon to furnish ti necessary materials, and in the month of October,-having performed part of the work, he quit, refused to finish the job, and brought his suit against Koon. On the trial of the cause ■the above…
1Opinion of the Court
By the Court,
Sutherland, J.
Where a special contract is rescinded, or performance is prevented by the defendant, and the plaintiff seeks to recover for the work done under the general counts, the defendant may give the special contract in evidence with a view to lessen the quantum of damages. So far as the work was done under the special contract, the prices specified in it are, as a general rule, to be taken as the best evidence of the value of the work. Where it does not appear that the work was rendered more expensive to the plaintiff than was contemplated when the contract was made, or…
2Cases cited2 opinions
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3Cited by15 opinions
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- McConihe v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- McKinney v. SpringerIndiana Supreme Court · 1851
- Wolcott v. YeagerIndiana Supreme Court · 1858
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