Appellate Division of the Supreme Court of New York, 1911

Amory v. Ivins

Amory v. Ivins
Appellate Division of the Supreme Court of New York · Decided March 31, 1911
128 N.Y.S. 1111 (New York Supplement)

Counsel

Leslie C. Ferguson, for appellant., Robert L. Hoguet and Harold J. Roig, for respondent.

Amory v. Ivins

Opinion of the Court

PER CURIAM.

The order should be modified by striking out in clauses 1 and 2 thereof the words “and in what tenor and what effect,” and inserting in lieu thereof the words “and the substance of said alleged agreement,” by striking out in clause 6 thereof the words “and the basis of the claim that any such payment was on account of the said work, labor, and services or on account of said sum of $4,-125,” and, further, by striking out in clause 11 thereof the words “and the basis of the claim that any such payment was on account of the said work, labor, and services, or on account of said sum of $3,000,” and, as so modified, affirmed, with $10 costs and disbursements to the defendant.

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