Riley v. Black
New York Court of Common Pleas
Appeal from city court, general term. Action by William Biley and James O’Leary against Alexander G-. Black for breach of contract. From a judgment of the general term of the city court reversing a judgment for plaintiffs entered on a verdict, (16 3ST. Y. Supp. 206,) plaintiffs appeal. Beversed.
1Opinion of the CourtBischoff, J.
Plaintiffs entered into an agreement with defendant for the regulating and grading of the latter’s land, to excavate and remove earth and rock therefrom, and to erect a stone culvert thereon, for which they agreed to receive, and defendant promised to pay, 25 cents for each cubic yard of earth, and $1.13 for each cubic yard of rock excavated and removed, and $1.50 for each linear yard of the culvert erected. The agreement further provided as follows: “The party of the first part [defendant] reserves the right to determine when and where the rock found on said property shall be excavated, if…
2Cases cited26 opinions
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Cruikshank v. . GordonNew York Court of Appeals · 1890
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3Cited by5 opinions
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Riker v. CurtisNew York Court of Common Pleas · 1894
- Fernschild v. Yuengling Brewing Co.Appellate Terms of the Supreme Court of New York · 1896
- Fernschild v. D. G. Yuengling Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Riley v. BlackNew York Court of Common Pleas · 1893