Harris v. Mead
New York Court of Common Pleas
Appeal from an order of reference. This action was brought by William Harris against States H. Head, John Beal, and others, to recover for $150.13, for work, labor, and materials. The items set forth in plaintiff’s bill of particulars were of one date, and as follows: u “To plumbing work in store Ho. 30Pearl St., as per contract, ......$80.00 Harble top to wash basin, extra, . . 10.00 Extra Work.
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Appeal from an order of reference. This action was brought by William Harris against States H. Head, John Beal, and others, to recover for $150.13, for work, labor, and materials. The items set forth in plaintiff’s bill of particulars were of one date, and as follows: u “To plumbing work in store Ho. 30Pearl St., as per contract, ......$80.00 Harble top to wash basin, extra, . . 10.00 Extra Work. If stop and waste-cock in cellar, 1.75 8 lbs. pipe and 4 lbs. solder, 2.00 i day plumber and helper, . 1.88 Grinding in basin-cock, .... .50 Putting in gas-pipe, setting two meters and 4 two-light…
1Opinion of the Court
Daly, F. J.
There were but seven items in this case, under one date. Substantially, there were but two: putting in gas-pipes per contract, $54; plumbing work by contract, $80. The remainder were a few items of extras added to the plumbing work; and, with one exception, a marble top to wash-basin,. *259$10, they were trifling in amount. Within the decisions, this was not a- case for a reference. (Smith a. Brown, 3 How. Pr., 9; Swift a. Wells, 2 Ib., 79; Miller a. Hooker, Ib., 171; Parker a. Snell, 10 Wend., 577; Van Rensselaer a. Jewett, 6 Hill, 373.)
Hilton and Beady, JJ., concurred.
Order reversed.
2Cases cited2 opinions
- Parker & Hastings v. SnellNew York Supreme Court · 1833
- Smith v. BrownNew York Supreme Court · 1846
3Cited by2 opinions
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
- Dooley v. BarkerMissouri Court of Appeals · 1876