Sherman v. Merian

184 A.D. 906 Court N.Y. App. Div. English

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p. 906

Vinton Sherman, Respondent, v. Ambrose M. Merian, Appellant, and Others, Defendants.

In view of the answer of the owner of the property, the offer of judgment by the contractor alone must be considered only to offer a personal judgment, and, therefore, the judgment recovered was not less favorable than the judgment offered. Order affirmed, with ten dollars costs and disbursements. Jenks, P. J., Thomas, Rich, Putnam and Blackmar, JJ., concurred.