Legal Opinion

Smith v. Revels

New York Supreme Court

Decided June 20, 1894Published

Appeal from circuit court, Cattaraugus county. Action by Lodemia A. Smith against Robert Bevels. From an order denying plaintiff’s motion for a new trial, made on the minutes of the court, plaintiff appeals.

1Opinion of the CourtBbadley, J.

The action is ejectment brought to recover possession of a dwelling house and the land upon which it rests in the village of Olean,' Y. Y. The plaintiff, being the owner of the land, entered into a contract with the defendant, September 1, 1892, whereby he undertook to furnish materials and build thereon and' complete for her, on or before December 1, 1892, a dwelling house for the sum of $1,470, payable as follows: $300 when the foundation was built; $300 when the frame was erected; $200 when the plaster was on and dry; $200 when the wood work was ■finished; and the residue when the building…

2Cases cited5 opinions

  1. Child v. . ChappellNew York Court of Appeals · 1853
  2. Lord v. . ThomasNew York Court of Appeals · 1876
  3. Jackson ex dem. Loux v. BuelNew York Supreme Court · 1812
  4. Rowan v. KelseyNew York Supreme Court · 1854
  5. Cowan v. KernNew York Court of Appeals · 1977

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