Flaherty v. . Miner
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made April 1, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover a balance due on a contract for excavating upon certain premises. The facts, so far as material, are stated in the opinion. The plaintiff in his complaint asked for a reformation of the contract.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made April 1, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover a balance due on a contract for excavating upon certain premises. The facts, so far as material, are stated in the opinion. The plaintiff in his complaint asked for a reformation of the contract. He did not offer any evidence to show that it had been fraudulently procured, or that there had been a mutual mistake of parties; or that there was…
1Opinion of the CourtEarl, J.
In June, 1881, the plaintiff entered into a written contract with the defendants to excavate and remove the earth and boulders from certain lots in the city of FTew York, upon which they were to erect a building. It was provided in the contract that they should pay him $3,500 for the work, in payments as it progressed. It was also provided that before he could demand any payment he should obtain the certificate of the architect employed by them, tie entered upon the execution .of the contract, and during the progress of the work, received from them $900. After their refusal to pay him the…
2Cases cited1 opinion
- Glacius v. . BlackNew York Court of Appeals · 1872
3Cited by25 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Keeler v. HerrIllinois Supreme Court · 1895
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Bird v. St. John's Episcopal Church of ElkhartIndiana Supreme Court · 1900
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