Wirges v. Baeuerle
New York Supreme Court
Appeal from a judgment in favor of defendant Baeuerle, entered upon a nonsuit ordered at tbe Onondaga Circuit in March, 1877. The action was on contract for the recovery of a balance of money due for erecting a building in Syracuse.
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Appeal from a judgment in favor of defendant Baeuerle, entered upon a nonsuit ordered at tbe Onondaga Circuit in March, 1877. The action was on contract for the recovery of a balance of money due for erecting a building in Syracuse. The complaint alleged that, in June. 1875, plaintiff and defendant Jacob Meyer entered into a written contract with defendant Baeuerle to erect and complete, according to the specifications therein named, a building on Baeuerle’s premises, for which work Baeuerle agreed to pay plaintiff and Meyer §1,000; that the contract was signed by all parties and delivered to…
1Opinion of the Court
Merwin, J.:
In this case the plaintiff claimed that after the contract was executed by all the parties and entered upon, and left in the custody of the defendant, the defendant, without the knowledge or consent of plaintiff, fraudulently inserted material alterations going to the right of plaintiff to recover.
Such alterations, of course, wore not a part of the original contract as made between the parties, and which the plaintiff had sued on. The only question in the case is, whether the plaintiff could give proof of such alterations without having alleged them in his complaint or reply.
The…
2Cases cited1 opinion
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