Christie Manuf'g Co. v. Travers Bros.
New York Court of Common Pleas
Appeal from Eighth district court. Action by the Christie Manufacturing Company against the Travers Bros. Company to recover a balance alleged to be due plaintiff for work, labor, and services, and materials furnished. The pleadings were oral, and the defenses pleaded were a general denial, payment, and damages for breach of contract. A judgment in favor of plaintiff was rendered by the justice without a jury, and defendant appeals. Reversed.
1Opinion of the CourtGiegerich, J.
The plaintiff in this action seemed to have one theory of its rights (as shown by the amount demanded), the defendant another (as shown by the amount of its offer of judgment), and the justice still a third (as shown by the amount awarded), with none of which we can agree, upon the facts appearing in the record. The bill of particulars shows the action to have been to recover $48.80, the unpaid balance on a bill of $88.80 (a payment of $40 being credited on account), and in addition $9.10 for extra Sunday work, making a total of $57.90, for which judgment was asked. A written contract, in…
2Cases cited4 opinions
- Fuld v. KahnNew York Court of Common Pleas · 1893
- Pionier v. AlexanderNew York Court of Common Pleas · 1894
- Robinson v. FickenNew York Court of Common Pleas · 1895
- Owens v. FlynnNew York Court of Common Pleas · 1894