Legal Opinion

Smith v. Vail

Appellate Division of the Supreme Court of the State of New York

Decided July 17, 1900PublishedCited by 2 opinions

Appeal from special term. Action by James Baker Smith against Mary L. Vail to foreclose mechanic’s lien. From a judgment for plaintiff entered on decision of special term, defendant appeals.

1Opinion of the CourtO’Brien, J.

The suit was brought to enforce a mechanic’s lien for $8,285.06, a balance claimed to be due for work performed by plaintiff on defendant’s premises 773 Broadway, between May 10 and December 12, 1898, under a contract entered into between the parties in April, 1898. By the contract the plaintiff agreed “to furnish all the material, and do * * all the mason work, carpentry, iron work, and electric work required in the erection, completion, and finishing” of defendant’s building, in a good and workmanlike manner, in accordance with the specifications, to be' wholly and fully completed and…

2Cited by2 opinions

  1. Mason Tire & Rubber Co. v. Cummins-Blair Co.Ohio Supreme Court · 1927
  2. Reading Hardware Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908

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