Thacke v. Hernsheim
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by John C. Thacke against Louis Hernsheim. From a judgment for plaintiff, defendant appeals. Reversed. - Argued before GILDERSLEEVE, P. J., and MacLEAN and DAYTON, JJ.
1Opinion of the CourtGildersleeve, P. J.
This action was brought by the plaintiff against the defendant for damages for the breach of two contracts. One of said contracts is for work, labor, and services to be performed by the plaintiff and one Carl Gierth in doing certain iron work for the defendant for the sum of $360, which contract is in writing. The other contract is an oral one, and was made between the plaintiff and the defendant for iron work at the contract price of $60. Plaintiff performed a certain amount of work under the written contract, and also $10 worth of work under the oral contract, but was prevented by defendant…
2Cases cited4 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Stroher v. . EltingNew York Court of Appeals · 1884
- Birnhak v. HollenderAppellate Terms of the Supreme Court of New York · 1899
- Lossing v. CushmanAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- Fred Lentz v. The United States and J. L. McElvany Third-PartyCourt of Appeals for the Third Circuit · 1965
- Lentz v. United StatesUnited States Court of Claims · 1965
- Scully v. United StatesDistrict Court, D. Nevada · 1912
- Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1926