Zimmerman v. Marrin
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Jacob A. Zimmerman against Edward Marrin and another. From a judgment for less than prayed, plaintiff appeals. Affirmed.
1Opinion of the CourtGildersleeve, J.
This is an appeal by the plaintiff from a judgment in his own favor for $197.15, damages and costs. Defendants also appealed from the judgment, but subsequently withdrew their appeal.
The action was brought to recover damages in the sum of $395.65 for the breach of a contract by which the defendants were to do certain excavating for plaintiff on premises No. 23 Grove street for $475, and on premises No. 71 to 75 Bank street for $600. The defendants completed the Grove street job, but plaintiff claims that defendants refused to commence within the proper time the Bank street job, and plaintiff…
2Cases cited2 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Brooke v. Tradesmen's National BankNew York Supreme Court · 1893