Osterling v. Cape May Hotel Co.
Supreme Court of New Jersey
Ó'n error to Gape May Circuit Court. The ?ujt was upon a mechanics’ lien for architect’s services. The declaration contained only 'the common connts for work, labor and materials done and furnished, goods sold and delivered, money lent, account stated, and so on in the usual form, concluding with allegation of a promise to pay and claiming damages for failure 'to make such payment.
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Ó'n error to Gape May Circuit Court. The ?ujt was upon a mechanics’ lien for architect’s services. The declaration contained only 'the common connts for work, labor and materials done and furnished, goods sold and delivered, money lent, account stated, and so on in the usual form, concluding with allegation of a promise to pay and claiming damages for failure 'to make such payment. Then follows the statutory averment that the debt is a lien, &c., describing the land, bringing in a mortgage claim as subordinate to the lien. There is a bill of particulars “for services as architect” in…
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
Throughout the trial (he insislmont on the part of the plaintiff was that he was entitled to recover upon an implied assumpsit for the reasonable value oí bis services as claimed to have been rendered, and extending up to the completion of the hotel building upon which he was employed. There was a written contract, prescribing his duties and the character and amount of compensation to he made for their performance; hut plaintiff avoided the use of this contract as a basis of recovery, relying on the rendition and acceptance of the services as…
2Cited by6 opinions
- Kas Oriental Rugs, Inc. v. EllmanNew Jersey Superior Court Appellate Division · 2007
- Wolfe v. Prairie Oil & Gas Co.Court of Appeals for the Tenth Circuit · 1936
- Miller v. GreeneSupreme Court of Florida · 1958
- Ogden v. RuhmCourt of Appeals for the Second Circuit · 1925
- Humbert v. ChopyDistrict Court, D. Colorado · 1914
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