Wright v. . Reusens
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court, in the second judicial department, entered upon an-order made September 14, 1891, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme-Court, in the second judicial department, entered upon an-order made September 14, 1891, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material,, are stated in the opinion. The referee’s construction of the contract of August 17, 1888, is wholly erroneous» (Langdell on Cont. § 128.) When a party agrees that work: shall be completed to the satisfaction of a third person, lie-must aver and prove that the work was so completed. (Smith v. Brady, 17 N.…
1Opinion of the CourtO’Brien, J.
The plaintiff in this case has recovered a judgment against the defendant for the value of his work and materials in altering and repairing a building, and the amount has been declared to be a lien, under the statute, against the premises on which the building stands. The form of the -action was such as is usual in the foreclosure of a mechanic’s lien. The complaint sets out a contract between the parties, ■and avers in substance that the plaintiff was prevented or ■excused from performance by reason of certain acts of the ■defendant. The referee has found that in August, 1888, the .plaintiff…
2Cases cited4 opinions
- White v. . HoytNew York Court of Appeals · 1878
- Russell v. . AllertonNew York Court of Appeals · 1888
- Clark v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Kingsley v. . City of BrooklynNew York Court of Appeals · 1879
3Cited by30 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Feldsberg v. NitschkeNew York Court of Appeals · 1980
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Schoellkopf v. . CoatsworthNew York Court of Appeals · 1901
- Beardsley v. . CookNew York Court of Appeals · 1894
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