Jackson Architectural Iron Works v. Rouss
The Superior Court of New York City
Appeal from the judgment of the special term in favor of the plaintiff and against the defendant for $11,531.96.
1Opinion of the Court
By the Court.—McAdam, J.
The action was brought for the foreclosure of a mechanic’s lien, the plaintiff claiming $6,308.50 as a balance due for contract and extra work, and $4,138 as the agreed price of an iron staircase put up by the plaintiff in the defendant’s building.
The main controversy presented by the pleadings and tried by the court was over the question whether the staircase was included in the original contract between the parties, the defendant resting his claim of nonperformance of the contract on the proposition that because a certain staircase was included in the contract, and…
2Cases cited2 opinions
- Butler v. TuckerNew York Supreme Court · 1840
- Anderson v. MeislahnNew York Court of Common Pleas · 1883