Hollinsead v. Mactier
New York Supreme Court
Motion to set aside a report of referees. The plaintiff, a house carpenter, contracted to build a house for the defendant, upon the plan of a certain house agreed upon between the parties as a pattern, for the sum of $3400. In the progress of the work, a variety of variations from the pattern house were made, and when the house was finished, the defendant had paid to the plaintiff about $4400 on account.
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Motion to set aside a report of referees. The plaintiff, a house carpenter, contracted to build a house for the defendant, upon the plan of a certain house agreed upon between the parties as a pattern, for the sum of $3400. In the progress of the work, a variety of variations from the pattern house were made, and when the house was finished, the defendant had paid to the plaintiff about $4400 on account. The plaintiff claimed $600 besides, and brought his action, declaring upon the common counts for work, labor and services, and materials found. The cause was heard before referees, and the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The principal objection to the report is, that the plaintiff did not prove his demand otherwise than by estimates. His proof consisted of examinations of the house by experienced master builders, and estimates by them of the value of the work and materials. This *277was competent testimony, and in this case entirely satisfactory. In Pepper v. Burland, Peake’s N. P. 103, Lord Kenyon said, if a man contracts to work by a certain plan, and that plan is so entirely abandoned that it is impossible to trace the contract and say to what part of the work it shall be applied, in…
2Cases cited1 opinion
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
3Cited by9 opinions
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- Alexander v. Grenada BankCourt of Appeals of Tennessee · 1926
- Chandler v. ThurstonMassachusetts Supreme Judicial Court · 1830
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