Smith v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Melvin Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Warren on the 9tli day of November, 1909, upon the verdict of a jury, rendered by direction of the court, dismissing the complaint herein.
1Opinion of the Court
Houghton, J.:
The plaintiff sues on quantum meruit for work performed and material furnished in building a schoolhouse. The answer alleges a written contract and that the building was to be erected according to certain plans and specifications, which the plaintiff failed to follow in that he did not install ventilators.
The schoolhouse was a small building, and it is conceded that the price for its erection, whether the agreement was verbal or written, was $425, and with a woodshed added was $450. The plaintiff started building operations for the erection of the schoolhouse from a.picture taken…
2Cases cited1 opinion
- Van Orden v. MacRaeAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Harrop v. National Loan & Investment Co. of DetroitCourt of Appeals of Texas · 1918
- Columbia Metal Box Co. v. CohnNew York Supreme Court · 1911
- Columbia Metal Box Co. v. CohnAppellate Terms of the Supreme Court of New York · 1911
- Harrop v. National Loan & Investment Co. of DetroitCourt of Appeals of Texas · 1918