Wagener v. Butler
New York Court of Common Pleas
Appeal from city court, general term. Action by Theodore Wagener against James H. Butler to recover on a contract for work, labor, and services rendered and materials furnished in the construction of a building, and for extra work. Defendant denied performance of the contract, and that any extra work was done with his consent, and also interposed a counterclaim for loss of rents occasioned by plaintiff’s delay.
Read the full summary
Appeal from city court, general term. Action by Theodore Wagener against James H. Butler to recover on a contract for work, labor, and services rendered and materials furnished in the construction of a building, and for extra work. Defendant denied performance of the contract, and that any extra work was done with his consent, and also interposed a counterclaim for loss of rents occasioned by plaintiff’s delay. From an order of the city court (22 N. Y. Supp. 692) reversing the judgment entered on a verdict in favor of plaintiff and granting a new trial, plaintiff appeals. Affirmed.
1Opinion of the CourtBischoff, J.
Plaintiff in this action sought to recover a balance alleged to be due him for work, labor, and services rendered and materials furnished in the construction of defendant’s building, .pursuant to a written contract therefor between the parties, and for extra work upon the same building. Defendant, among other things, denied that plaintiff had completed the work required of him, and that any extra work whatever, other than such as was paid for, had been at his instance and request. The record shows that plaintiff’s claim for extra work arose in part, as alleged, from the fact that the drawings…
2Cases cited1 opinion
- St. John v. PotterNew York Court of Common Pleas · 1892
3Cited by3 opinions
- Rosenberg v. KazemierAppellate Terms of the Supreme Court of New York · 1913
- Backer v. PassmanAppellate Terms of the Supreme Court of New York · 1912
- Mullen v. CohenCity of New York Municipal Court · 1901