Bulkley v. Kaolin Products Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kaolin Products Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of October, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of October, 1918, denying defendants motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff sued to recover for services under a contract alleged to have been made for his employment for one year at the rate of $7,500. Several payments were made, leaving the amount claimed to be due thereon $5,937.50, for which he has recovered judgment. The answer admits, by not denying, the employment for the year, but denies performance by the plaintiff of his contract and alleges that the plaintiff agreed to assume entire responsibility for the designing and construction of certain new works of the defendant situated at Jones Point, in the county of Rockland, N. Y., which…
2Cases cited3 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Watson v. . GuginoNew York Court of Appeals · 1912
- Cary v. . WhiteNew York Court of Appeals · 1874
3Cited by3 opinions
- Harlow v. LeclairSupreme Court of New Hampshire · 1927
- Peacock v. Virginia-Carolina Chemical Co.Supreme Court of Alabama · 1930
- Miller v. Burlington Mills Ribbon Corp.Appellate Division of the Supreme Court of the State of New York · 1951