Clarke v. Heylman
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York county. Action by William D. Clarke and another against Henry B. Heylman and another. From an interlocutory judgment overruling a demurrer to the answer of defendant Heylman, plaintiffs appeal. Reversed.
1Opinion of the CourtIngraham, J.
The action was brought to foreclose a mechanlien against the defendant Heylman as owner, and as contractor, for labor and materials furnished by the plaintiffs. The complaint alleges that Heylman made a written contract with the defendant Connell, whereby Connell agreed to erect and furnish buildings upon certain premises described, for which Connell was to be paid $9,300 in installments to come due as the work progressed; that on or about March xi, 1898, Connell abandoned his contract, with the consent of Heylman, who completed the work to be done under the contract, and that there remained…
2Cases cited1 opinion
- Battle v. McArthurU.S. Circuit Court for the District of Eastern Missouri · 1891
3Cited by6 opinions
- EFCO Corp. v. U.W. Marx, Inc.Court of Appeals for the Second Circuit · 1997
- Lindley v. McGlauflinWashington Supreme Court · 1910
- Geo Exchange Systems, L.L.C. v. CamCourt of Appeals of Washington · 2003
- Efco Corporation v. U.W. Marx, Inc.Court of Appeals for the Second Circuit · 1997
- Geo Exchange Systems, LLC v. CamCourt of Appeals of Washington · 2003
1 more not listed; retrieve them via the Exa API.