Lennon v. Smith
New York Court of Common Pleas
Appeal from judgment on report of referee. Action brought by Michael Lennon against Mary F. C. Smith to foreclose a mechanic’s lien. Defendant set up failure to perform contract, and damages resulting therefrom. The case was tried before a referee, who found for the defendant, and from the judgment entered on his report plaintiff, appealed.
1Opinion of the CourtBookstaver, J.
The action was brought to foreclose a mechanic’s lien on property owned by defendant. In May, 1886, the parties entered into a written contract whereby plaintiff undertook to excavate a e'ellar, build a cellar wall, and do certain other work for defendant, at a fixed compensation. This work was to be done by a given day. The contract provided that the work was to be done in accordance with specifications “ verified by the signatures of the parties,” which was to be “taken as part of the contract.” The specifications were not, in fact, signed by either party. The contract further provided that…
2Cases cited7 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Glacius v. . BlackNew York Court of Appeals · 1872
- Woodward v. . FullerNew York Court of Appeals · 1880
- Porter v. . SmithNew York Court of Appeals · 1887
- Cotheal v. . TalmageNew York Court of Appeals · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schmieder v. KingsleyNew York Court of Common Pleas · 1893