Nathan Lyons, Inc. v. Sam S. & Lee Shubert, Inc.

The motion was made under section 476 of the Civil Practice Act and rule 114 of the Rules of Civil Practice. The complaint is upon a quantum meruit for work done and materials furnished to the reasonable value of $1,340.05. The answer denies the allegations of the complaint and sets up that the work was done pursuant to an express agreement whereunder defendant promised to pay plaintiff $500 for the entire job.

The order appealed from directs that “ the action be severed and proceed as to the issue of whether the transaction between the parties was in contract or in quantum meruit and the…