Mitchell v. Murray — 213 N.Y. 669

Majority

p. 669

Mary W. Mitchell et al., as Executors of Donald Mitchell, Deceased, Appellants, v. John L. Murray, Respondent, Impleaded with Others.

(Argued December 1, 1914;

decided December 15, 1914.)

Headnote

Mitchell v. Dunmore Realty Co., 156 App. Div. 117 , affirmed.

Appeal from so much of a judgment of the Appellate Division of the Supreme Court in the first judicial depart-. ment, entered May 9, 1913, as affirmed a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to foreclose a mechanic’s lien.

Walter H. Dodd and Edward H. Tatum for appellants.

Norbert Heinsheimer and Henry K. Heyman for respondent.

Judgment affirmed, with costs. Even if the original contract had not been under seal the evidence offered would not he sufficient to show that the same had been modified by a subsequent parol contract.

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Cuddeback, Miller and Cardozo, JJ. Absent: Werner, J.

Cases cited

Mitchell v. Dunmore Realty Co. 156 App. Div. 117 N.Y. App. Div. 1913-04-04 p. 669