Bjorkegren v. Kirk
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of New York, entered in favor of the plain tiff by direction of the court, and from an order denying defendant’s motion for a new trial.
1Opinion of the CourtErlanger, J.
Plaintiff claiming that there is due to him certain moneys on a building contract sues to recover the same. Three causes of action are set up in the complaint. The first is on a written order, the second for extra work, and the third for the services of a watchman. Full performance of the contract is alleged in accordance with its terms. The contract provides, inter ali-a, “ that all payments -shall be made upon written certificates of the architect to the effect that such payments have become due.” Upon the trial the plaintiff abandoned his first cause of action and limited his recovery to…
2Cases cited1 opinion
- Bjorkegren v. KirkNew York Supreme Court · 1907