Appellate Terms of the Supreme Court of New York, 1912

Pace v. United States Drainage & Irrigation Co.

Pace v. United States Drainage & Irrigation Co.
Appellate Terms of the Supreme Court of New York · Decided December 6, 1912
138 N.Y.S. 420 (New York Supplement)

Counsel

James M. Betts, of New York City, for appellant. ., Pace & Stimpson, of New York City (George B. Holbert, of New York City, of counsel), for respondent.

Pace v. United States Drainage & Irrigation Co.

Opinion of the Court

PER CURIAM.

The plaintiff sues for the reasonable value of services rendered to the defendant, at its request, in the capacity of engineer in charge of constructing a dam. The question of compensation for the work was left for subsequent adjustment, and was never adjusted. Upon conflicting evidence the court decided that the services were reasonably worth $50 per week, and that the plaintiff was employed for 6 weeks 4% days.

[1,2] There was no prejudicial error committed, and there is no valid reason for disturbing this conclusion. The judgment entered was for $327.50 and costs. In computing this amount, an error of $10 was. committed. The total should have been $337.50. But, on the other hand, the court neglected to deduct a payment of $54.17, which was admitted in the complaint. Making this correction reduces the recovery to $283.33. As this amount is less than $300, the costs must be reduced to $20.

The judgment will be modified, by reducing the same to the sum of $303.33, and, as modified, affirmed, with $15 costs to respondent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.