McKegney v. Illinois Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Terence McKegney, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of November, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Concurrence
Laughlin, J. (concurring) :
I concur in the reversal of the judgment on the ground that the court erred in requiring plaintiff to prove the reasonable value of each item of the work and for other errors in excluding evidence; but I do not agree with Mr. Justice Scott that the damages for a breach of a construction contract may be shown by the amount agreed to be paid by a contract let not pursuant to statute or even competitive bidding but privately, for finishing the work without other evidence tending to show the cost of completion, or that the amount agreed to be paid by the contract was…
2Cases cited3 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- Isaacs v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1908