Flood v. . Mitchell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover for work and labor alleged to have been performed by the plaintiff for defendant in constructing and grading a race-track at Glen Mitchell, Saratoga county. The answer alleged, in substance, that the work was done under a contract which plaintiff failed to complete and perform.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover for work and labor alleged to have been performed by the plaintiff for defendant in constructing and grading a race-track at Glen Mitchell, Saratoga county. The answer alleged, in substance, that the work was done under a contract which plaintiff failed to complete and perform. It appeared that plaintiff contracted orally to do the work in accordance with the grade, and as laid out by one Salter,…
1Opinion of the CourtMiller, J.
This action was brought to recover for work and labor performed by the plaintiff for the defendant in the construction of a racecourse. Hpon the trial one Salter, who was a civil engineer, testified that he was present at a conver sation had between the parties in regard to the grading and building the racecourse in question, and subsequently, at the request of the parties, reduced the oral agreement to writing, with the understanding that they were to call at his office and sign it the same evening; that the writing contained' the agreement as directed to be drawn, with the exception of two…
2Cases cited1 opinion
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
3Cited by7 opinions
- Hutchinson v. PlantMassachusetts Supreme Judicial Court · 1914
- Holland v. ReaMichigan Supreme Court · 1882
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1896
- Crane v. McDonaldNew York Court of Appeals · 1890
- Samuel Wymond Cooperage Co. v. ThompsonOhio Superior Court, Cincinnati · 1900
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