Shute v. Hamilton
New York Court of Common Pleas
Appeal by the plaintiffs from a judgment entered upon the report of a referee. The action was brought by the plaintiffs to recover for work done and materials furnished at the defendant’s request, in erecting a building on the corner of Broadway and Barclay street, New York.
Read the full summary
Appeal by the plaintiffs from a judgment entered upon the report of a referee. The action was brought by the plaintiffs to recover for work done and materials furnished at the defendant’s request, in erecting a building on the corner of Broadway and Barclay street, New York. The complaint alleged: (1.) That the plaintiffs entered into a contract with the defendant, and agreed to do all the mason-work on the building for $41,300; that they did the work, &c., and $300 of said contract price still remained due and unpaid. (2.) That they did extra work, at the defendant’s request, upon .the…
1Opinion of the Court
By the Court.*
Daly, Chief Justice.
As the contract was originally drawn, the plaintiffs were to take down the old walls to the foundation, remove all the rubbish, and do all the excavating necessary to the laying of the foundation for the new structure. By an addenda, however, to the instrument before it was executed, it was declared that this was not to be included in the contract. A person named Richardson was employed by the defendant to do it; but the day after the signing of the contract the plaintiffs agreed with the defendant to do it, and Richardson was dismissed.
The referee has found,…
2Cases cited21 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Smith v. . BradyNew York Court of Appeals · 1858
- Cotheal v. . TalmageNew York Court of Appeals · 1854
- Lattimore v. HarsenNew York Supreme Court · 1817
- Bagley v. . PeddieNew York Court of Appeals · 1857
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- General Supply & Construction Co. v. GoeletNew York Court of Appeals · 1925
- Charleston Lumber Co. v. FriedmanWest Virginia Supreme Court · 1908
- Berrinkott v. TraphagenWisconsin Supreme Court · 1875
- Kleinfelter v. GrangerNew York Supreme Court · 1911
- Mikolajewski v. PugellNew York Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.