Carrara Marble Importing Co. v. Cohen

Plaintiff made two contracts with the defendant. The first was to furnish materials and perform work. The second was to perform certain labor only in the installation of tiling and bath tubs in bathrooms of defendant’s premises. For reasons which are not germane to the present issue between the parties, plaintiff brought an action in the Municipal Court for the services and material covered by the first contract only. The defendant interposed a counterclaim which so far as material alleged the making of the second contract for labor to be furnished by the defendant and further alleged that…