Higgins v. . Reynolds
New York Court of Appeals
This action was brought to recover for a quantity of stone taken by the defendants from the land of the plaintiff, under a written contract. By the contract, the plaintiff agreed to let the defendants come upon his land and take away all the stone which they wanted, for which the defendants agreed to pay two cents per cubic yard, in monthly payments, as the stone were estimated by the engineers. The plaintiff claimed for 25,000 yards of stone, taken under the contract.
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This action was brought to recover for a quantity of stone taken by the defendants from the land of the plaintiff, under a written contract. By the contract, the plaintiff agreed to let the defendants come upon his land and take away all the stone which they wanted, for which the defendants agreed to pay two cents per cubic yard, in monthly payments, as the stone were estimated by the engineers. The plaintiff claimed for 25,000 yards of stone, taken under the contract. The defendants put in a general denial and separate answers of payment, and a counterclaim. The action was referred to a…
1Opinion of the CourtJohnson, J.
Upon the facts established by the findings of the referee, this is a very plain case. The defendants had a contract with the State for the construction of section 62 of the enlarged Erie canal, and entered into a contract with the plaintiff by which they agreed to give him two cents per cubic yard for ail the stone taken from his land by them, as the same should be estimated by the engineers in charge of the State work. Before the summer of 1856, the defendants had taken and used in their work 18,585 cubic yards of stone from the plaintiff’s lands, south of and wholly outside the line of the…
2Cases cited2 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Williams v. KenneyNew York Supreme Court · 1853
3Cited by9 opinions
- Robert v. . SadlerNew York Court of Appeals · 1887
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Niagara Falls Suspension Bridge Co. v. BachmanNew York Supreme Court · 1871
- Deverell v. BauerAppellate Division of the Supreme Court of the State of New York · 1899
- Platt v. Village of OneontaAppellate Division of the Supreme Court of the State of New York · 1903
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