Warson Construction Co. v. Schlussel

Appeal from a judgment of the Supreme Court, entered January 13, 1978 in Sullivan County, upon a verdict rendered at a Trial Term, in favor of plaintiff. Plaintiff instituted this action to recover for materials and services furnished by it and its predecessor pursuant to an oral agreement with one Alvin Adler, a professional engineer. The land and buildings on which the work was performed were owned by Evans Gardens, Inc. (Evans), a New York corporation of which defendant was president and 50% shareholder. Plaintiff claims that it was led to believe that Adler had entered into the contract…