Beardsley v. . Cook
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought upon the following order: “ Mr. George H. Cook, “No. 50 Broadway, N. Y. City: “ Retain and pay to Charles Beardsley of Poughkeepsie, N. Y., from the last payment to be made by you to us on account, of our contract for building houses in Dean street, Brooklyn, the sum of eleven hundred and seventy-five ($1,175) dollars,,…
1Opinion of the CourtO’Brien, J.
About the first of August, 1890, the defendant entered into a Avritten agreement Avith the firm of Davis .& Fay, builders, whereby they agreed to furnish all the materials and labor in the erection of two houses for the defendant, to be completed on or before January 1, 1891, for the sum of $6,381, to be paid in installments as the work progressed and reached certain stages, the last payment, amounting to the sum of $2,181, to be paid when the houses were -completed.
About a month afterwards the plaintiff contracted, in writing, with Davis & Fay to furnish for these houses all the necessary…
2Cases cited2 opinions
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