City of New York Municipal Court, 1898

Schmohl v. O'Brien

Schmohl v. O'Brien
City of New York Municipal Court · Decided August 15, 1898 · Schuchman
24 Misc. 771; 53 N.Y.S. 1114

Counsel

Wilson, Barker & Wilson, for appellant., Mulqueen & Mulqueen, for respondents.

Schmohl v. O'Brien

Opinion of the Court

Schuchman, J.

The court found that the contractor, Powers, on performance of his contract would have been entitled to $660, and was entitled for extra work to $91.50, making a total, of $751.50, and that the owner O’Brien had paid that amount to him or to his order to complete the work under the contract. These findings are supported by the evidence. They are not against the weight of evidence.

Olcott, J., concurs.

Judgment affirmed, with costs.

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