Spears v. Sorge
New York County Court, Steuben County
Appeal from Justice Court. Action by Guy W. Spears against Elizabeth Sorge to recover for work, labor, and services in building a cement walk. The defendant having filed an offer of judgment for a specified amount, the plaintiff recovered less than the offer. Two judgments were entered by the justice—one for damages and costs to time of offer in favor of the plaintiff, and one in favor of the defendant for costs from time of offer. Plaintiff appeals.
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Appeal from Justice Court. Action by Guy W. Spears against Elizabeth Sorge to recover for work, labor, and services in building a cement walk. The defendant having filed an offer of judgment for a specified amount, the plaintiff recovered less than the offer. Two judgments were entered by the justice—one for damages and costs to time of offer in favor of the plaintiff, and one in favor of the defendant for costs from time of offer. Plaintiff appeals. Judgment for defendant reversed, and for plaintiff modified, and, as modified, affirmed.
1Opinion of the CourtBurrell, J.
It is undisputed that the contract under which this walk was built called for first-class materials and workmanship, and *142the walk was to be first-class. The agreed price was 18 cents per square foot. It is also undisputed that when completed it was not first-class, was a poor walk, did not harden properly, and several weeks after completion was still soft and easily broken, and did not fulfill the agreement under which it was constructed; and the defendant refused to pay for the same. The plaintiff testified that he offered to put on a new top dressing, and was forbidden to do so by the…
2Cases cited5 opinions
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- Clark v. DanielsAppellate Division of the Supreme Court of the State of New York · 1898
- Clark v. DanielsAppellate Division of the Supreme Court of the State of New York · 1898
- Merris v. HuntNew York Supreme Court · 1893
- Southard v. Becker, New York County Courts1896