Cahill v. Heuser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Katherine Heuser and another, from a judgment of the Court of Common Pleas for the city and county of Hew York in favor of the plaintiff, entered in the office of the clerk of said court on the 29th day of October,-1895, upon the decision of the court rendered after a trial at an Equity Term of said court directing the foreclosure of a mechanic’s lien. .
1Opinion of the Court
Barrett, J.:
This is an action to foreclose a mechanic’s lien. The plaintiff Cahill made an agreement with the defendant Mulligan to build the foundations of three houses on lots belonging to the defendant Heuser. The contract price was $480. Cahill agreed that the bottom stone should be laid according to the usual building regulations. He also agreed that the cesspools should be six feet square and eight feet deep, and that they should be cemented throughout and covered with a brick arch. The evidence is all one way that the contract was not performed with regard to these two essential…
2Cases cited1 opinion
- People's Bank v. . MitchellNew York Court of Appeals · 1878
3Cited by2 opinions
- Town of Tonawanda v. Stapell, Mumm & Beals Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- Dunne v. RobinsonNew York Supreme Court · 1907