Thomas v. Sahagan
New York Supreme Court
Appeal from special term, Westchester county. Action to force a material-man’s lien by Edwin L. Thomas, who furnished lumber to James P. Stewart and William T. Edmonds, the contractors for the erection pf a building owned by defendant Astan Sahagan, who alone appeals from the judgment.
1Opinion of the CourtBarnard, P. J.
The defendant Sahagan made a contract with Stewart and Edwards for the erection of a house on his lot in Yonkers. The price to be paid the contractors was $6,176, payable in installments on the certificate of the architect. The contractors inclosed the building, and thus became entitled to the first payment of $1,500. The second installment was payable “when floor should be laid, partition set, and ready for the mason, $1,500.” The question litigated on the trial was whether the contractors had earned this second payment, for they failed to carry out the contract, and made an assignment. The…
2Cases cited1 opinion
- Graf v. . CunninghamNew York Court of Appeals · 1888
3Cited by7 opinions
- Mowbray v. LevyAppellate Division of the Supreme Court of the State of New York · 1903
- Snaith v. SmithNew York Court of Common Pleas · 1894
- Nussberger v. WassermanNew York Supreme Court · 1903
- Hutton Bros. v. Gordon, New York County Courts1893
- Smith v. StateNew York Supreme Court · 1909
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