Legal Opinion
J. R. Loftus, Inc. v. White
New York Court of Appeals
Decided March 23, 1995PublishedCited by 39 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs to abide the event, and a new trial ordered.
Plaintiff contractor sued defendants to recover damages for breach of an oral contract involving construction of a house. Plaintiff prevailed after a jury trial, and the Appellate Division affirmed in a 3-2 decision. An appeal as of right ensued (CPLR 5601 [a]).
The trial evidence disclosed that the parties had agreed to plaintiff’s $90,000 fee for construction of the house, a payment schedule, and a completion date. The parties also agreed that the…
2Cases cited4 opinions
- Berley Industries, Inc. v. City of New YorkNew York Court of Appeals · 1978
- Spitz v. LesserNew York Court of Appeals · 1951
- Halpern v. ShafranAppellate Division of the Supreme Court of the State of New York · 1987
- Rosen v. Equitable Paper Bag Co.New York Court of Appeals · 1941
3Cited by39 opinions
- Peter Shann v. John S. Dunk, John S. Dunk v. Peter ShannCourt of Appeals for the Second Circuit · 1996
- RMP Capital Corp. v. Victory Jet, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- The Topps Co., Inc. v. Cadbury Stani SAICDistrict Court, S.D. New York · 2005
- Peak v. Northway Travel Trailers, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Asian Vegetable Research & Development Center v. Institute of International EducationDistrict Court, S.D. New York · 1996
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