Walls v. . Bailey
New York Court of Appeals
' Appeal from judgment of the General Term of the Superior Court in the city of Buffalo, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was instituted to recover a balance alleged to be due to the plaintiffs for plastering the defendant’s house.
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' Appeal from judgment of the General Term of the Superior Court in the city of Buffalo, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was instituted to recover a balance alleged to be due to the plaintiffs for plastering the defendant’s house. The work in question was done under a written contract, of which the following is a copy: “ Buffalo, 1ST. Y., January 18, 1869. “We hereby agree to do the plastering work of house now being built by George Bailey, on Main street, at the prices named below, viz.: “For one coat work, twenty-five cents per square yard.…
1Opinion of the CourtFolqek, J.
The contract between the parties was in writing. By it the plaintiffs were to furnish the material for the plastering work of the defendant’s house, and to do the work of laying it on. The defendant was to pay them for the work and material a price per square yard. Of course, the total of the compensation was to be got at by measurement. But when the parties came to determine how many square yards there were, they differed. The query was, the square yards of what ? Of the plaster actually laid on, or of the whole side of the house, calling it solid, with no allowance for -the openings by…
2Cases cited6 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Boorman v. JenkinsNew York Supreme Court · 1834
- Wilcox v. WoodNew York Supreme Court · 1832
- Wheeler v. NewbouldThe Superior Court of New York City · 1855
- Jordan v. MeredithSupreme Court of Pennsylvania · 1801
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