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Supplee v. Lewis

236 A.D. 860 Court N.Y. App. Div. English

Delivered by Hill, J. (dissenting).

Contents

Majority

p. 860
George C. Supplee and Another, Respondents, v. Frank Lewis and Others, Appellants.

I dissent and vote to disallow the item of $274.32 for changing grade of pipes made necessary by plaintiffs’ act in fixing the elevation of the house, and the item of $440 for water-proofing cellar walls, this work not being mentioned in the contract, and the amount paid is not the proper measure of damages because of the claimed poor construction.