Clark v. Marsiglia
Court for the Trial of Impeachments and Correction of Errors
Error from the New-York common pleas. Marsiglia sued Clark in the court below in assumpsit, for work, labor and'materials, in cleaning, repairing and improving sundry paintings belonging to the defendant. The defendant pfeaded non assumpsit. The plaintiff proved that a number of paintings were delivered to him by the defendant to clean and repair, at certain prices for each. They were delivered upon two occasions.
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Error from the New-York common pleas. Marsiglia sued Clark in the court below in assumpsit, for work, labor and'materials, in cleaning, repairing and improving sundry paintings belonging to the defendant. The defendant pfeaded non assumpsit. The plaintiff proved that a number of paintings were delivered to him by the defendant to clean and repair, at certain prices for each. They were delivered upon two occasions. As to the first parcel, for the repairing of which the price was seventy-five dollars, no defence was offered. In respect to the other, for which the plaintiff charged one hundred…
1Per curiam
The question does not arise as to the right of the defendant below to take away these pictures, upon which the plaintiff had performed some labor, without payment for what he had done, and his damages for the violation of the contract, and upon that point we express no opinion. The plaintiff was allowed to recover as though there had been no countermand of the order; and in this the court erred. The defendant, by requiring the plaintiff to stop work upon the paintings, violated his contract, and thereby incurred a liability to pay such damages as the plaintiff should- sustain. Such damages…
2Cited by66 opinions
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- Black v. WoodrowCourt of Appeals of Maryland · 1874
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