Murphy v. . Buckman
New York Court of Appeals
' Appeal from judgment of the General Term of the Court •of Common Pleas for the city and county of Sew York affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mechanic’s lien on premises in the city of New York.
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' Appeal from judgment of the General Term of the Court •of Common Pleas for the city and county of Sew York affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mechanic’s lien on premises in the city of New York. The referee found, substantially, the following facts, among others: On the 15th of April, 1870, the defendant, Louis Buckman, as owner, and one Frederick Brassel, as mason, entered into a contract, in writing, by which said Brassel agreed, on or before the first of August then next, to do the work and furnish the…
1Opinion of the CourtAndrews, J.
The defendant, on the default of the contractor, elected to proceed to complete the house under the clause in the contract which provides that if the contractor should at any time during the progress of the work refuse or neglect to supply a sufficiency of materials or workmen, the owner may, after three days’ notice being given to the contractor, provide them, and deduct the expense from the amount of the contract. The owner gave the notice, and expended in completing the house $2,102.20, which, together with the amount he had paid the contractor, was $778.90 less than the sum the contractor…
2Cited by18 opinions
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Comey v. . United Surety Co.New York Court of Appeals · 1916
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Dahlberg v. GirschCalifornia Supreme Court · 1910
- Village of Canton v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
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