Asbestolith Manufacturing Co. v. Howland
New York Supreme Court
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Hew York, fifth district, borough of Manhattan, upon the verdict of a jury.
1Opinion of the CourtSeabury, J.
This action was brought to recover the agreed price for laying asbestolith floors in the defendant’s residence. The defendant claimed that the work was done in an unworkmanlike manner and that the plaintiff had failed to substantially perform its contract. Upon-a former trial the plaintiff recovered a judgment which upon appeal was reversed as contrary to the weight of evidence. 120 N. Y. Supp. 93. The last trial was had before the court and a jury of six men and resulted in a verdict in favor of the plaintiff." The plaintiff upon the last trial produced four witnesses who did not testify on…
2Cases cited1 opinion
- Asbestolith Manufacturing Co. v. HowlandAppellate Terms of the Supreme Court of New York · 1909
3Cited by2 opinions
- Barzellone v. PresleySupreme Court of Oklahoma · 2005
- Asbestolith Manufacturing Co. v. HowlandAppellate Division of the Supreme Court of the State of New York · 1911