Muldoon v. Dock Contractor Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dock Contractor Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of June, 1920, upon the verdict of a jury.
1Per curiam
The plaintiff had a contract to cart all the material excavated by the defendant from a section of the subway which it was building. The plaintiff has performed all his work under said contract and has been paid in full therefor.
That contract contained this further provision: “ That the Contractor is to have title to all excavated material and upon order of the Contractor so to do the Sub-Contractor shall deliver same to wheresoever the Contractor may designate; provided that should the Contractor or Sub-Contractor arrange for a sale of the excavated material and the Sub-Contractor cart same,…
2Cited by3 opinions
- Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
- Harnick v. Avrum Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1936
- Underhill v. SlutzkyAppellate Division of the Supreme Court of the State of New York · 1940