Tabak v. Fettner

Jenks, J.:

This is an appeal by the defendant from a judgment of the Municipal Court; Thé- plaintiff complained that he and the defendant made a contract whereby the defendant should do.certain work in consideration of $35 cash and an icebox then owned *249by the plaintiff ; that thereafter the plaintiff transferred the title to the icebox to the defendant, who failed in performance of the contract, to the damage of. the plaintiff in $73. The plaintiff’s testimony was that the parties agreed upon $73 as the value of the icebox, as it constituted a part of the consideration of the contract, and the…