Legal Opinion

Weisman v. City of Buffalo

New York Supreme Court

Decided June 20, 1890PublishedCited by 7 opinions

Appeal from Erie county court. Action by Anton Weisman against the city of Buffalo. From a judgment for defendant entered on the verdict of a jury directed by the court, plaintiff appeals.

1Opinion of the CourtDwight, P. J.

The plaintiff and his assignor of a portion of the claim sued upon were workmen in the employ of one Winter on a contract of the latter to do the work of a local improvement in the city of Buffalo. By the terms of the contract the defendant was entitled to retain 20 per centum of *570the contract price until three months after the completion of the work. On the 7th of June, 1888, the contractor, having done work to the amount of @1,275, and having been paid thereon the sum of @1,120, abandoned the work, leaving in the hands of the defendant the sum of @155, or less than 20 per eentnm of the value…

2Cases cited2 opinions

  1. Haswell v. GoodchildNew York Supreme Court · 1834
  2. Hagan v. American Baptist Home Missionary SocietyNew York Court of Common Pleas · 1887

3Cited by7 opinions

  1. Harley v. Mapes Reeves Construction Co.New York Supreme Court · 1901
  2. McChesney v. City of SyracuseNew York Supreme Court · 1894
  3. Lawrence v. DawsonAppellate Division of the Supreme Court of the State of New York · 1898
  4. Winter v. Hazen-Latimer Co.District of Columbia Court of Appeals · 1914
  5. Jones v. SavageNew York Supreme Court · 1898

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