Seaboard Brick Co. v. Bonacci
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Dominick Bonacci and another, composing the firm of Bonacci-Vincelli Contracting Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of November, 1911, upon the decision of the court rendered after a trial at the New York ■ Special Term. ■
1Opinion of the Court
Scott, J.:
The question raised by this appeal relates to the disallowance by the trial court of defendants’ counterclaim.
The -defendants had a contract with the city of New York, executed on September 14,1908, for laying vitrified brick gutters in certain streets in the borough of Richmond. On August 12, 1908, plaintiff' wrote to defendants a letter reading as follows:
“New York, August 12th, 1908.
‘ ‘ Bonacci-Vincelli Contracting Company,
“ $ 672 Degraw Street, Brooklyn, N. Y.:
“Gentlemen.—"We hereby agree to furnish you with our % 1 Vitrified Shale Paving Block to be used; on contracts # 6, 7…
2Cases cited1 opinion
- Miller v. LeoAppellate Division of the Supreme Court of the State of New York · 1898