Davis v. Bingham
New York Supreme Court
Appeal by plaintiffs from a judgment of the General Term of the City Court of the city of New York, affirming a judgment for costs in favor of the defendants, entered upon the verdict of a jury.
1Opinion of the CourtFreedman, P. J.
This action was brought by the plaintiffs as copartners to recover a balance of $500 claimed to be due upon a modified contract to construct an electrical lighting plant in a building of the defendants. The defendants, by their answer, denied the modifications of the contract pleaded by the plaintiffs, but admitted that certain modifications were made which, according to the evidence at the trial, corresponded in the particulars to which they referred with some as claimed by the plaintiffs, and they pleaded nonperformance of the contract and counterclaimed *300for money which they .alleged they…
2Cases cited1 opinion
- McCreery v. . DayNew York Court of Appeals · 1890
3Cited by2 opinions
- Robert Half Personnel Agencies, Inc. v. Certified Management Corp.Appellate Terms of the Supreme Court of New York · 1979
- Sexton v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1927