Legal Opinion

Gurski v. Doscher

Appellate Division of the Supreme Court of the State of New York

Decided April 27, 1906PublishedCited by 7 opinions

Appeal by the defendant, Olaus Doscher, from a judgment of the County Court of Rings county in favor of the plaintiff, entered in the office of the clerk of the county of Rings on the 26th day of Juno, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of June, 1905, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, Olaus Doscher, from a judgment of the County Court of Rings county in favor of the plaintiff, entered in the office of the clerk of the county of Rings on the 26th day of Juno, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of June, 1905, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff submitted the following writing signed by him to the defendant, who was receiving estimates to build twenty-two houses on Wyona street, Brooklyn : “ Mr. Claus Doscher: I hereby agree to do all…

1Opinion of the Court

Gaynor, J. :

Ho time of payment having been fixed by the original contract the law fixed the time, viz., when the contract was Completed; The defendant’s counsel objected to the admission of the evidence of the change of the contract by providing for payments at stages of the work on the ground thai it was “ incompetent, immaterial and irrelevant, and as tending to vary a contract already executed between the parties.” This general objection was of Course hot good ; it did not raise the point that there was no consideration for the new agreement ás is now urged: The difficulty with that is…

2Cited by7 opinions

  1. Stewart v. . NewburyNew York Court of Appeals · 1917
  2. 31171 Owners Corp. v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 1993
  3. Farm Supplies Corp. v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1934
  4. Kutcher v. Oriental Silk Printing Co.Appellate Terms of the Supreme Court of New York · 1920
  5. Marks v. StoltsAppellate Division of the Supreme Court of the State of New York · 1914

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