Schneider v. Finkelstein

The defendant appeals from a judgment rendered in favor of the plaintiff. The plaintiff claims that he first took a contract to excavate the earth and rock in a space 12x12x7 feet, for which defendant agreed to pay the sum of $150; that when this contract was made there was present one Cohen, who, plaintiff claims, had some sort of general supervision over the work then being done on defendant’s premises; and that at this time, the defendant told the plaintiff “to do whatever Mr. Cohen told me to do.” Subsequently, and about the time the excavating in the yard had been completed, the…