Dennison Construction Co. v. . Manneschmidt
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1908, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mechanic’s lien filed by the plaintiff as contractor against certain premises belonging to the defendant Mannesohmidt and the complaint is in the form usual in such cases.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1908, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mechanic’s lien filed by the plaintiff as contractor against certain premises belonging to the defendant Mannesohmidt and the complaint is in the form usual in such cases. The owner answered, alleging, among other things, that the plaintiff failed to perform the contract entered into between…
1Opinion of the CourtVann, J.
The judgment rendered at Special Term rests on the twelfth finding of fact, which for convenience we quote again as follows: “XII. That thereafter the defendant, Manneschmidt, proceeded, to and did complete the performance of said contract, for the account of the plaintiff.”
This finding involves two questions of fact, whether the owner completed performance of the contract and if so whether such performance was “ for the account of the plaintiff.” The principal part of the judgment depended upon performance of the contract, for unless it was performed either by the plaintiff or in its behalf,…
2Cited by5 opinions
- Plowden & Roberts, Inc. v. ConwayDistrict Court of Appeal of Florida · 1966
- Kempa v. MoellAppellate Division of the Supreme Court of the State of New York · 1954
- Farrell v. . FarrellNew York Court of Appeals · 1912
- Schmidt v. DugganNew York Supreme Court · 1958
- E. F. Keating Co. v. City of New YorkNew York Supreme Court · 1914