Doll v. Noble
New York Supreme Court
Appeal from a judgment entered upon the verdict of a jury in favor of the plaintiff, and from an order denying a motion for a new trial. Charles Doll and another sued William Noble for the balance due upon a contract for varnishing and polishing the woodwork in certain houses of defendant.
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Appeal from a judgment entered upon the verdict of a jury in favor of the plaintiff, and from an order denying a motion for a new trial. Charles Doll and another sued William Noble for the balance due upon a contract for varnishing and polishing the woodwork in certain houses of defendant. The provisions of the contract material upon the questions involved in the appeal were as follows : “ The said party of the second part [plaintiff] covenants and agrees to and with the said party of the first part [defendant] to furnish all the materials necessary to finish and complete all the staining and…
1Opinion of the CourtMacomber, J.
This action is brought to recover—first, •a balance of $1,000 remaining unpaid upon a contract for polishing and varnishing, the woodwork in the houses of the defendant; and, second, to recover $833.50, the amount alleged to be due the plaintiffs for extra material and services rendered by them to the defendant in such work, but which were furnished and made outside of the contract. The jury rendered a verdict for both causes of action and rejected wholly the counterclaim made by the defendant for damages for the non-performance by the' plaintiffs of the work contracted for.
The contract…
2Cases cited38 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Glacius v. . BlackNew York Court of Appeals · 1872
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
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3Cited by2 opinions
- Glenny v. LacyCity of New York Municipal Court · 1888
- Schatzinger v. Lake View Land & Improvement Co.Cuyahoga Circuit Court · 1910