Hurst v. . Litchfield
New York Court of Appeals
This action was brought to recover for work and labor performed by the Plaintiffs, as carpenters, in erecting an addition to the dwelling-house of the Defendant, and repairing the same. The Eeferee found in favor of the Plaintiffs $220.35, upon which judgment was entered, and the Defendant appealed to the General Term of the Supreme Court, where the judgment was affirmed, and from which the Defendant has appealed to this Court.
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This action was brought to recover for work and labor performed by the Plaintiffs, as carpenters, in erecting an addition to the dwelling-house of the Defendant, and repairing the same. The Eeferee found in favor of the Plaintiffs $220.35, upon which judgment was entered, and the Defendant appealed to the General Term of the Supreme Court, where the judgment was affirmed, and from which the Defendant has appealed to this Court. The Plaintiffs entered into a written agreement to do all the carpenters and joiners’ work in the erection and completion of an addition to the dwelling-house of the…
1Opinion of the CourtMason, J.
The Referee having found that no question ever arose under this contract between the parties in relation to the value of the work, and there being evidence in the case to sustain-such finding, we must receive the finding of the Referee as conclusive upon this Court as to this fact. The objection, therefore, that this action cannot be maintained because this matter had not been submitted to the architect, and his adjustment procured, is not well taken.
There is, however, another answer to this objection. This agreement to submit this matter to the decision and adjustment of Mr. White…
2Cases cited2 opinions
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Sinclair v. TallmadgeNew York Supreme Court · 1861
3Cited by30 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954
- United States Asphalt Refining Co. v. Trinidad Lake Petroleum Co.District Court, S.D. New York · 1915
- American Reserve Insurance v. China InsuranceNew York Court of Appeals · 1948
- Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946
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