Byrne v. John Gillies Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by- the plaintiff, Edward J. Byrne, from a judgment of the Municipal Court .of the city of New York, borough of Brooklyn, in favor of the defendants, rendered on the 10th day of November, 1910.
1Opinion of the Court
Rich, J.:
This action is brought to recover for work and materials, and the complaint, in a single cause of action, alleges “That the agreed and reasonable value of the said materials and said work, labor and services was the sum of Two hundred and seventy-six and 40/100 ($276.40) Dollars.” Upon the trial the ' plaintiff was required to elect as to whether he would proceed upon the theory of an express contract, or upon a quantum meruit, and he chose to proceed upon the theory of a special contract. There is evidence, given by witnesses produced by the defendants, upon which plaintiff might…
2Cases cited3 opinions
- Lockhart v. . HamlinNew York Court of Appeals · 1907
- Walar v. RechnitzAppellate Division of the Supreme Court of the State of New York · 1908
- Engler v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by7 opinions
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Joseph Sternberg, Inc. v. Walber 36th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- Cook v. SaltzerIdaho Supreme Court · 1953
- Katcher v. BrowneAppellate Division of the Supreme Court of the State of New York · 1963
- Poitier v. American Broadcast CompaniesAppellate Division of the Supreme Court of the State of New York · 1978
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