Legal Opinion

Green v. Rochester Iron Manufacturing Co.

New York Supreme Court

Decided June 15, 1873Published

Appeal from the order of the special term of Monroe county denying a motion of the defendant for a new trial.

1Opinion of the CourtTalcott, J.

The plaintiff had a contract with the defendant for doing certain mason and brick work. During the progress some changes were made in the plans, and the plaintiff made a claim for some $4,000 and upward for extra work. And this suit is brought to recover this claim for extra work, the amount due upon the contract by its terms having been fully paid. The main defense to the action is an accord and satisfaction by the payment of an agreed price in full for such extra work, namely, the sum of $1,650, paid to the plaintiff on his agreement to receive the same in full of all legal claims. There…

2Cases cited5 opinions

  1. Palmerton v. HuxfordNew York Supreme Court · 1847
  2. Creery v. HollyNew York Supreme Court · 1835
  3. Vedder v. VedderCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. Egleston v. KnickerbackerNew York Supreme Court · 1849
  5. M'Kinstry v. PearsallNew York Supreme Court · 1808

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