Toher v. Schaefer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Bronx, Second District. Action by Owen Toher against John V. Schaefer, Jr. Rrom a Municipal Court judgment in favor of defendant, and from an order denying plaintiff’s motion to amend his complaint, he appeals.
1Dissent
BLANCHARD, J. (dissenting).
The plaintiff brought an action to recover for work done under a contract calling for the removal of certain amounts of earth and rock, alleging in his complaint that said work was “at the agreed price and of the reasonable value and worth of Three hundred and Eighty-six ($386.) dollars.” A large part of the rock, which according to the terms of the contract should have been excavated, has not been removed. Upon this ground the Appellate Term, upon the previous appeal from the judgment of the first trial, ordered the judgment for the plaintiff to be reversed. Toher…
2Cases cited5 opinions
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- Hawkes v. BurkeAppellate Terms of the Supreme Court of New York · 1901
- Bunke v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1904
- Toher v. SchaeferAppellate Terms of the Supreme Court of New York · 1904
- Toher v. SchaeferAppellate Terms of the Supreme Court of New York · 1905