Wollreich v. Fettretch
New York Supreme Court
Appeal from judgment on report of referee. Action by Henry Wollreich against James Fettretch, to enforce a mechanics* lien.
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Appeal from judgment on report of referee. Action by Henry Wollreich against James Fettretch, to enforce a mechanics* lien. The referee found that “plaintiff failed to perform the contract on his part in many particulars; among others, in giving the first coat to a considerable portion of the work, the second coat to a considerable-portion of the work, and particularly in failing to paint some doors, mantels, mouldings, woodwork in the water-closets, casings around the water-pipes, air-shafts, windows, cellar doors, jambs, and other portions of the work, and also failed to perform his said…
1Opinion of the CourtBrady, J.
The plaintiff, who is the appellant, claimed from the defendant $1,289.45 for work done and materials furnished, and sought herein to enforce by sale of the premises the lien which he filed under the statutes authorizing such a procedure. On the trial the real issue was whether he had performed his contract, which was in writing, and the referee, on conflicting evidence, determined that he had not. Various incidents, having some relation to and bearing upon the issue, were detailed by the evidence pro and con; some favoring the plaintiff’s cause, and some establishing its invalidity,—all of…
2Cases cited2 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Woodward v. . FullerNew York Court of Appeals · 1880
3Cited by7 opinions
- Braseth v. State BankNorth Dakota Supreme Court · 1904
- McKee v. RappThe Superior Court of the City of New York and Buffalo · 1895
- Hutton Bros. v. Gordon, New York County Courts1893
- Rush v. WagnerNew York City Court · 1890
- Butterworth v. BoutilierNew York Supreme Court · 1893
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