Mammoth Home Improvement Corp. v. Simpson
New York Supreme Court
1Opinion of the CourtFred J. Munder, J.
The complaint sets forth two causes of action for breach of contract. In the first cause of action the contract was for the erection of a one-car garage for the sum of $1,600. As to this plaintiff sues for $552, basing the claim on a clause of the contract which provides for liquidated damages of 30% of the total contract price and an additional 15% for attorney’s fees. In the second cause of action plaintiff claims full performance of a contract to install a walk and fences, the total price of which was $1,360. Plaintiff also asks a 15% attorney’s fee on this item.
The defendants are people…
2Cases cited3 opinions
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Wirth & Hamid Fair Booking, Inc. v. WirthNew York Court of Appeals · 1934
- Weatherproof Improvement Contracting Corp. v. KramerCity of New York Municipal Court · 1956