Satterlee v. Jones
The Superior Court of New York City
This action, which was commenced in April, 1846, by the service of a declaration, was brought to recover the sum of $5000, which was alleged" to be due to the plaintiff from the. defendants for work, labor, and services performed and rendered by him at their special instance and request. The declaration, in addition to the usual general counts for work and labor, contained thé usual money counts, but set forth no special contract.
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This action, which was commenced in April, 1846, by the service of a declaration, was brought to recover the sum of $5000, which was alleged" to be due to the plaintiff from the. defendants for work, labor, and services performed and rendered by him at their special instance and request. The declaration, in addition to the usual general counts for work and labor, contained thé usual money counts, but set forth no special contract. The defendant Bowen suffered: a default, and the defendant Jones pleaded the general issue. The cause was brought to trial for the fifth time, (the jury in two of…
1Opinion of the CourtBy the Court. Bosworth, J.
A new trial must be granted in this action. It having been tried four times, it is considered that the rules applicable to it should be so distinctly stated that there may be no misapprehension in respect to them on a further trial. •
I. The court hold, first, that the plaintiff cannot recover the stipulated compensation of twenty per cent, without proving a full performance of the contract on his part.
H. If the defendants discharged the plaintiff, and refused to permit him to proceed' in the execution of the contract, the plaintiff would be entitled to recover the value of the services…
2Cases cited9 opinions
- Chesapeake and Ohio Canal Company v. Knapp and OthersSupreme Court of the United States · 1835
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
- Reab v. MoorNew York Supreme Court · 1822
- Taft v. Inhabitants of MontagueMassachusetts Supreme Judicial Court · 1817
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3Cited by2 opinions
- Brooks v. CooperSupreme Court of New Jersey · 1893
- Bliss v. MattesonNew York Supreme Court · 1868