Breen v. Isaacs
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment in favor of the defendant entered in the City Court of the city of Isfew York and also from an order denying a motion for a new trial
1Opinion of the CourtScott, J.
On this appeal from a judgment upon a non-suit, we must take the view of the testimony most favorable to the plaintiffs. So taking it, it appears that plaintiffs entered into a contract with two persons named Rosenfield and Isaacs to do the plumbing work on three houses in process of construction; that plaintiffs commenced work and partially completed it by some time late in August or early in September, 1902; that, owing to some difficulty about being paid, they had then either stopped work, or were carrying it on with an insufficient force; that early in September, 1902; defendant became…
2Cases cited1 opinion
- White v. . RintoulNew York Court of Appeals · 1888
3Cited by2 opinions
- Kleinman v. AuerbachAppellate Terms of the Supreme Court of New York · 1913
- Block v. GalitzkaAppellate Division of the Supreme Court of the State of New York · 1906