Tumey v. Little

In this non jury trial, plaintiff withdrew his second cause of action and defendants at the end of plaintiff’s case move for judgment. Motion granted. Plaintiff is an architect. He prepared plans for a three-bedroom house for defendant Leonard Little for which he was paid. He complains that the plans were turned over by Leonard to Robert Little who erected four houses (defendants say three) therefrom in addition to the house which Leonard Little built, and claims to be entitled to additional compensation for such use.

Plaintiff’s claim is foreclosed by Wright v. Eisle (86 App. Div. 356) in…