Legal Opinion

McAuley v. Mildrum

New York Court of Common Pleas

Decided April 15, 1859PublishedCited by 2 opinions

Appeal by the defendant from a judgment entered on the report of a referee. This was an action to foreclose a mechanic’s lien.

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Appeal by the defendant from a judgment entered on the report of a referee. This was an action to foreclose a mechanic’s lien. On the ISth of ¡May, 1857, the defendant entered into a contract with the plaintiff’ that the latter should furnish the marble for seven houses then building, owned by the defendant, according to certain plans, in such quantities as should keep two derricks going ; the defendant to pay, as the work proceeded, $3500—in four payments, and, when the work was completed, to give him two mortgages for $1750 each, for the balance. Under this contract, the plaintiff furnished…

1Opinion of the Court

By the Court.

Daly, F. J.

The lien was filed on the 30th of September, 1857. It embraced marble furnished and work performed in pursuance of a written contract entered into' between the plaintiff and the defendant, and did not and could not include materials furnished or work performed after that date. The contract was given in evidence. By the terms of it, the plaintiff was to furnish the marble for the seven houses according to the plans, cut in a workmanlike manner, finished complete, ready for setting,- and of quality as good as the pattern houses. After specifying the dimensions of the…

2Cited by2 opinions

  1. Lichtenstein v. Grossman Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1927
  2. Miller v. SchmittNew York Supreme Court · 1901

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