Tallman v. . Bresler
New York Court of Appeals
This was a motion for a reargument. The action was brought upon an alleged promise by defendant to pay $2,000 toward the altering and repairing of certain premises owned by him, when said work was completed.
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This was a motion for a reargument. The action was brought upon an alleged promise by defendant to pay $2,000 toward the altering and repairing of certain premises owned by him, when said work was completed. The answer was a general denial and a counter-claim, in substance, that the premises were demised by written lease to one Sullivan, who covenanted to pay the yearly rent of $1,500 therefor, and to pay assessments; and that Sullivan sold and assigned said lease to plaintiff as collateral security for the payment of $3,700, subject to the rents, covenants, etc., of said lease; that…
1Opinion of the CourtRapallo, J.
The points urged on the motion for a reargument in this case were fully considered on its original submission; we then found no legal error on the record for which the judgment ought to be reversed, and therefore affirmed it on the opinion of Fancheb, J. The main question of fact was, whether the defendant had made an absolute promise to the plaintiff, directly, to pay him $2,000 when the work on the store then in progress should be done, provided he would go on and complete it; or whether the defendant’s obligation was merely to pay to the plaintiff, on the completion of the work, such sum…
2Cases cited1 opinion
- Van Slyke v. . HyattNew York Court of Appeals · 1871
3Cited by2 opinions
- Clark v. GeeryThe Superior Court of New York City · 1875
- Kiersted v. Orange & Alexandria RailroadNew York Supreme Court · 1876