Loonam v. Myers
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the report of a referee. The action was brought to foreclose a mechanics’ lien for work, labor and materials. The lien was filed July 19th, 1884, for the sum of $7,017.98, a balance claimed to be due plaintiff for the reconstruction of certain premises in West 35th Street. Plaintiff claimed on a quantum meruit.
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Appeal from a judgment of this court entered upon the report of a referee. The action was brought to foreclose a mechanics’ lien for work, labor and materials. The lien was filed July 19th, 1884, for the sum of $7,017.98, a balance claimed to be due plaintiff for the reconstruction of certain premises in West 35th Street. Plaintiff claimed on a quantum meruit. Defendant claimed that the work was done under an agreement “to alter and repair the lower portion of the building described in the complaint, for a sum not to exceed $850,” in accordance with plans and specifications furnished by the…
1Opinion of the CourtBookstaver, J.
[After stating the facts as above.]— Plaintiff made no request to the referee to make any findings of fact, and only excepted to the following portion of the referee’s findings of fact :
“ 5th. That the plaintiff undertook and agreed to perform the work and labor, and furnish the materials for the alteration and repair of said building according to a plan thereof, called the Jardine plan, for $850, or less; provided he should use certain old lumber, then on the premises; which old lumber he did use in making said alterations and repairs.
“ 6th. ... It does not appear what would have been the…
2Cases cited8 opinions
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Rogers v. . WheelerNew York Court of Appeals · 1873
- Russell v. BurtonNew York Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Decker v. O'BrienNew York Court of Common Pleas · 1895