Murdock v. . Gould
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 26, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The plaintiff, a practical builder, brought this action to recover of the defendant for services rendered in building and superintending the erection of a stable, power house, and equipment.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 26, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The plaintiff, a practical builder, brought this action to recover of the defendant for services rendered in building and superintending the erection of a stable, power house, and equipment. There is no dispute as to the fact that this was done pursuant to a written contract between the parties, but the plaintiff was permitted to introduce oral testimony…
1Opinion of the CourtWerner, J.
The only questions which, in view of the unanimous affirmance below, are directly open to review in this court, are such as arise upon rulings relating to the admission of parol evidence concerning the subject-matter of the written contract, upon which the plaintiff bases his right to recover ; and upon the charge of the trial court as to the plaintiff’s right to recover interest. The defendant’s criticism of the court’s charge may at once be eliminated from the discussion, since no proper exception was taken. The record discloses that after the plaintiff’s counsel had submitted five requests…
2Cases cited4 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- White's Bank of Buffalo v. MylesNew York Court of Appeals · 1878
- Trustees of the Freeholders & Commonalty of Southampton v. JessupNew York Court of Appeals · 1903
- Newall v. . BartlettNew York Court of Appeals · 1889
3Cited by10 opinions
- People v. . Steeplechase Park Co.New York Court of Appeals · 1916
- Lossing v. . CushmanNew York Court of Appeals · 1909
- Dobbins v. Pratt Chuck Co.New York Court of Appeals · 1926
- Mooney v. AXA Advisors, L.L.C.District Court, S.D. New York · 2014
- Todem Homes, Inc. v. FreidusNew York Supreme Court · 1975
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