Kennedy v. McKone
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John Kennedy and another, from so much of a judgment of the Court of Common Pleas for the city ■and county of New York, entered in the office of the clerk of said ■court on the 28th day of December, 1895, upon the report of a referee, as in all respects confirms the report of said referee, and •awards judgment in favor of the defendant McKone against the plaintiffs for the sum of eighteen dollars and sixteen cents, the excess of his costs over the…
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Appeal by the plaintiffs, John Kennedy and another, from so much of a judgment of the Court of Common Pleas for the city ■and county of New York, entered in the office of the clerk of said ■court on the 28th day of December, 1895, upon the report of a referee, as in all respects confirms the report of said referee, and •awards judgment in favor of the defendant McKone against the plaintiffs for the sum of eighteen dollars and sixteen cents, the excess of his costs over the amount of the claim established by the plaintiffs. Also, an appeal by the defendant William Winter from so much of said…
1Opinion of the Court
Barrett, J.:
1. While quite agreeing with the learned referee that a contract existed between McKone and Robinson, and that that contract included the tiling, plastering and papier mache work, we cannot concur in the view that the contract price was $1,200. The undisputed evidence seems to establish the contrary. According to the defendant McKone’s own testimony, the only limit put upon the cost was that it should not exceed $1,500. The same thing is shown by the defendant’s Exhibit E. This was a card on which Robinson first wrote the details of the work which he was to do: At the foot of it,…
2Cases cited3 opinions
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Willard v. HolmesNew York Court of Common Pleas · 1893
- Carll v. . SpoffordNew York Court of Appeals · 1871
3Cited by14 opinions
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Higby v. HooperMontana Supreme Court · 1950
- Simmons v. Ocean CausewayAppellate Division of the Supreme Court of the State of New York · 1897
- Wyckoff v. TaylorAppellate Division of the Supreme Court of the State of New York · 1897
- Seybolt v. BaberCourt of Appeals of Maryland · 1953
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