Schmidt v. Brown
New York Supreme Court
Appeal from circuit court, Greene county. Action by August Schmidt against John Brown and Nathaniel F. Tiel for an alleged breach of a building contract. From an order made by the trial justice, of his own motion, on the minutes, setting aside a verdict in favor of defendant, and ordering a new trial upon the minutes, on the ground that the verdict was against the weight of evidence, defendants appeal. Affirmed.
1Opinion of the CourtMayham, P. J.
This action was prosecuted by the plaintiff to recover damages of the defendants for an alleged breach of contract by the defendants, in the furnishing of materials and the construction of a dwelling house, the plaintiff claiming in his complaint to recover $1,000. The answer alleged a substantiál performance of the contract, except in some slight particulars, the completion of which could be made at an expense of a small sum, and also alleged that the time of the completion fixed in the contract was enlarged by agreement between the parties. The answer also set up a counterclaim for items…
2Cases cited6 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Pleasants v. FantSupreme Court of the United States · 1875
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Griggs v. HoustonSupreme Court of the United States · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Todd v. OrrSupreme Court of Oklahoma · 1914
- Powers v. GouraudNew York Supreme Court · 1897
- Goodrich v. Ross-Ketchum Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Afionis v. States Marine Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Hughes v. ParkhurstAppellate Division of the Supreme Court of the State of New York · 1954
5 more not listed; retrieve them via the Exa API.