Goodwin v. Kirker
New York Court of Common Pleas
Appeal from a judgment of the Third District Court. The action was brought to recover the contract price agreed upon for shoring up in a particular manner a wall of the defendant’s building.
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Appeal from a judgment of the Third District Court. The action was brought to recover the contract price agreed upon for shoring up in a particular manner a wall of the defendant’s building. It appeared at the trial that the plaintiff was employed by one Woodruff to erect a building on a lot on Broadway, adjoining the plaintiff’s store, and a part of that employment was to shore up the wall in question, which Wood-ruff was obligated to do by the “Act respecting excavations in New York and Brooklyn,” passed January 24th, 1855. (See Laws 1855, p. 11.) The plaintiff commenced this work, and was…
1Opinion of the Court
By the Court, Hilton, J.
This action is upon a parol contract made between the parties in respect to shoring up the walls of a building owned by the defendant. The defence is that no woik was performed under the contract; and also, that before *403any work was attempted, the defendant rescinded the contract, and notified the plaintiff not to proceed under it. On the trial before the justice, the evidence was conflicting as to whether the plaintiff did the work thus contracted for, and his finding upon this question cannot be disturbed.
Upon the question as to whether any work had been performed by…
2Cases cited1 opinion
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
3Cited by4 opinions
- Mendell v. WillyoungNew York Supreme Court · 1903
- Mendell v. WillyoungAppellate Terms of the Supreme Court of New York · 1903
- Bull'S Head Bank v. KoehlerNew York Marine Court · 1878
- Wallace v. BlakeCity of New York Municipal Court · 1888