Lattimore v. Harsen
New York Supreme Court
THIS was a motion to set aside the report of referees. It appeared from the affidavits which were read, that the plaintiffs entered into an agreement under seal, dated the 14th of November, 1815, with Jacob Harsen, and the defendant, Cornelius Harsen, by wiii'ciniie former, in consideration of the sum of 900 1 J 7 m . dollars, agreed to open a cartway in Seventieth-street^ m the city 0f j\f ew-Y ork, the dimensions and manner of which were stated in die agreement, and bound…
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THIS was a motion to set aside the report of referees. It appeared from the affidavits which were read, that the plaintiffs entered into an agreement under seal, dated the 14th of November, 1815, with Jacob Harsen, and the defendant, Cornelius Harsen, by wiii'ciniie former, in consideration of the sum of 900 1 J 7 m . dollars, agreed to open a cartway in Seventieth-street^ m the city 0f j\f ew-Y ork, the dimensions and manner of which were stated in die agreement, and bound themselves under the penalty of 250 dollars to a performance on their part, - Some time after the plaintiffs entered…
1Per curiam
The only question that can arise in the case is, whether there was evidence of a contract between the plain» . r tin and the present defendant, to perform the services for which J . *“IS su^ 1S brought. From the evidence* it appears that a written contract had been entered into between the plaintiff and the defendant, together with his father Jacob Harsen, for the performance of the same work; and that, after some part of it was done, the plaintiffs became dissatisfied with their contract, and determined to abandon it. The defendant then agreed, if they would go on and complete the work, he…
2Cited by44 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
- Schwartzreich v. . Bauman-Basch, Inc.New York Court of Appeals · 1921
- Appleby v. Estates of ApplebySupreme Court of Minnesota · 1907
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