Stroebel v. Ochse
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Caspar Strobel against John Ochse, impleaded, etc. The complaint was dismissed, and plaintiff appeals. Reversed.
1Opinion of the CourtDaly, C. J.
Stroebel, the plaintiff, and one Schreiber, who were not copartners, signed a contract with the defendant, Ochse, to do the mason, carpenter, and plumber work upon No. 297 East Tenth street for the sum of $1,325; but immediately after the signing of the contract it was agreed between all the parties that Stroebel was to get $500 for the masonwork, and pay his men, and Schreiber was to get the balance, and pay his men. The effect, of this division of the work, while it did not affect the joint liability of Stroebel and Schreiber for the due performance of their contract, was to constitute each…
2Cases cited1 opinion
- Vogel v. WhitmoreNew York Supreme Court · 1893