Legal Opinion

Krombach v. Teilelbaum

Appellate Terms of the Supreme Court of New York

Decided November 10, 1904Published

Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Joseph Krombach against Isidore Teilelbaum. From a Municipal Court judgment in favor of plaintiff, defendant appeals.

1Per curiam

The contract between the plaintiff’s assignor and defendant provided for the performance of specific work in a satisfactory manner and for an agreed compensation. Upon the trial the issue was whether or not the work agreed to be performed was substantially performed. If so, plaintiff was entitled to recover the full amount of the contract price; if not, judgment should have been for the defendant. The agreed price was $110. An additional claim for extra work of $30 was also made, and a credit of $20 paid on account was allowed. The trial court gave judgment for $50, and the only reasonable…

2Cases cited1 opinion

  1. Smith v. CowanAppellate Division of the Supreme Court of the State of New York · 1896

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