Kronau v. Weisburg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bertha L. Weisburg, from a judgment of the County Court of Albany county, entered in the office of the clerk of said county on the .26th day of December, 1911, affirming a judgment of the City Court of Albany in favor of the plaintiff.
1Opinion of the Court
Kellogg, J.:
The pleadings were evidently oral. The plaintiff “ complains for work, labor and services and material furnished under a contract with defendant, claims $1000.” The answer is a general denial, and the defendant demands a bill of particulars, which was furnished.
The work was in fact done under a contract which was to be completed on or before October first, according to the specifications and drawings, and payment was only to be made upon the certificate of the architect. The work was completed December seventeenth. The architect’s certificate was not furnished. The evidence…
2Cases cited8 opinions
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Goodman v. . AlexanderNew York Court of Appeals · 1901
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Fells v. VestvaliNew York Court of Appeals · 1865
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3Cited by2 opinions
- Raile v. Peerless American Products Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Hoisting Machinery Co. v. Federal Terra Cotta Co.Appellate Division of the Supreme Court of the State of New York · 1917