Katz v. Wolf
Appellate Terms of the Supreme Court of New York
Appeal by defendant from judgment of the Fourth District Court. '
1Opinion of the CourtMcAdam, J.
The plaintiff furnished an estimate to do certain - work on the "defendant’s house for' $75. He testified that he did ' all the work1 agreed to be done, and received $30 on account. "The1 justice gave judgment in favor of "the plaintiff for $45, the' balance due. Plaintiff also claimed $11 for extra work, but this .the justice disallowed.
The question of performance was" decided on conflicting testimony, the plaintiff testifying one way and the defendant’s agent the other. ' The finding of'the. justice upon that disputed question of fact is sufficiently sustained by the evidence,- and. cannot…
Also in this document: Concurrence.
2Cases cited2 opinions
- Carroll v. O'SheaNew York Court of Common Pleas · 1893
- Frankel v. WolfNew York Court of Common Pleas · 1894