Lindblad v. Lynde
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth B. Lynde, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of ..February, 1903, allowing the plaintiffs.to tile and serve an amended complaint.
1Opinion of the Court
O’Brien, J.:
The action is to foreclose a mechanic’s lien. The parties entered into a building contract whereby the plaintiffs agreed, for the sum of $13,132.60, to-erect and finish an extension to and make certain alterations in the defendant’s house. The complaint alleged full performance of the contract and specifications, and states that there has been paid to the plaintiffs for their work $16,185.25, and that there is still due them for extra work $2,599.90, to recover which sum this action is brought. The specifications contained. the" provision that “ no extra charge will be allowed…
2Cases cited1 opinion
- McEntyre v. TuckerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Manhattan Rolling Mill v. DellonCity of New York Municipal Court · 1909
- Paltey v. EganNew York Supreme Court · 1908