Fallon v. . Lawler
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 11, 1883, which reversed a judgment in favor of plaintiff, entered upon an order confirming the report of a referee and directing judgment in accordance therewith. This action was brought to foreclose a mechanics’ Hen for work and materials furnished by plaintiff in building a house on defendant’s premises. The facts sufficiently appear in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 11, 1883, which reversed a judgment in favor of plaintiff, entered upon an order confirming the report of a referee and directing judgment in accordance therewith. This action was brought to foreclose a mechanics’ Hen for work and materials furnished by plaintiff in building a house on defendant’s premises. The facts sufficiently appear in the opinion. Although the new contract is not at issue in the pleadings it and all the attending circumstances having been proved on the trial,…
1Opinion of the CourtMiller, J.
As the judgment in this case was reversed by the General Term upon the facts as well as the law, we are called upon to determine not only whether there was any error of law, but whether the decision of the trial court was clearly contrary to the evidence.
The testimony on the trial shows that the parties entered into an oral contract by which the plaintiff agreed to remove a building to the rear of a certain lot, put a cellar under it, and a roof on it, and build a three-story brick building on the front of the lot. The terms of the contract were expressed in plans and specifications which…
2Cited by17 opinions
- Pattison v. PattisonNew York Court of Appeals · 1950
- Brady v. . NallyNew York Court of Appeals · 1896
- New England Oil Corp. v. Island Oil Marketing Corp.Court of Appeals for the Fourth Circuit · 1923
- E. T. Burrowes Co. v. Rapid Safety Filter Co.Appellate Terms of the Supreme Court of New York · 1906
- Dearstine v. DunckelNew York Supreme Court · 1926
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