Bennett v. Hopkins

Appeal from an order of the Supreme Court at Special Term, entered in Madison County, which dismissed the amended complaints against the defendant P. Augustus Hopkins, as insufficient, under rule 106 of the Rules of Civil Practice. Each amended complaint is identical in respect to the allegations under review. It is alleged that Florence T. Hopkins owned. a parcel of land; that she entered into an agreement with plaintiff to furnish materials and labor in connection with the construction of a house thereon, and promised and agreed to pay therefor. That after plaintiff commenced performance…