Legal Opinion

Greenberg v. Lumb

Appellate Terms of the Supreme Court of New York

Decided May 4, 1911PublishedCited by 4 opinions

Appeal from Municipal Court, Borough of -Manhattan, First District. Action by Tewe Greenberg against Charles E. Dumb. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtGerard, J.

Defendant and plaintiff’s assignor, the White Iron Works, entered into a written contract whereby the Iron Works agreed to furnish and erect a fence similar to the present one in front of premises owned by defendant, using the present railing, which was to be repaired and reset in a satisfactory manner, for the sum of $175. Defendant, in accepting the written proposal, wrote: “Same to be done *183in a workmanlike manner.” The defense was that the work was not properly done. The court gave judgment for. the defendant.

[1] The plaintiff’s assignor was not bound to satisfy the’defendant. It was only…

2Cases cited2 opinions

  1. Crouch v. . GutmannNew York Court of Appeals · 1892
  2. Fuchs v. SaladinoAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by4 opinions

  1. Block v. HappSupreme Court of Georgia · 1915
  2. Lindeberg v. HodgensAppellate Terms of the Supreme Court of New York · 1915
  3. Patterson v. Alabama Vermiculite Corp.District Court, W.D. South Carolina · 1957
  4. Brown v. United StatesUnited States Court of Claims · 1915

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