Farron v. . Sherwood
New York Court of Appeals
Appeal from the Superior Court of Buffalo. The complaint was: “ First. That the defendant is indebted to the plaintiff in the sum of fourteen hundred and twenty-nine and xa~a dollars, for work, labor and services done and performed for the defendant, at his special instance and request, at the city of Buffalo, by the plaintiff and his servants and agents, at divers times between the 8th day of March, 1852, and the commencement of this action, in and about quarrying,…
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Appeal from the Superior Court of Buffalo. The complaint was: “ First. That the defendant is indebted to the plaintiff in the sum of fourteen hundred and twenty-nine and xa~a dollars, for work, labor and services done and performed for the defendant, at his special instance and request, at the city of Buffalo, by the plaintiff and his servants and agents, at divers times between the 8th day of March, 1852, and the commencement of this action, in and about quarrying, dressing, preparing, delivering, putting together and erecting certain building stones, in and about defendant’s dwelling on…
1Opinion of the CourtStrong, J.
The first point made by the counsel for the appellant is, that for the portion of the work and labor done under the special contract, the remedy of the plaintiff was upon that contract; and that he was not entitled to recover upon the common counts. It is necessarily assumed in support of this position that the contract is the cause of action for that work and labor; and if that be so, the position is correct; that cause of action not being stated in the complaint, and the objection being taken at the trial, the referee erred in allowing the part of the plaintiff’s claim in question. But the…
2Cases cited1 opinion
- Jewell v. SchroeppelNew York Supreme Court · 1825
3Cited by38 opinions
- Grossman v. . SchenkerNew York Court of Appeals · 1912
- Hosley v. . BlackNew York Court of Appeals · 1863
- Ankeny v. ClarkWashington Supreme Court · 1889
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
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