Borough Development Co. v. Harmon — 214 N.Y. 691

Majority

p. 691

Borough Development Company, Respondent, v. William E. Harmon et al., Copartners under the Firm Name of Wood, Harmon & Co., Appellants.

(Argued March 5, 1915;

decided April 13, 1915.)

Headnote

Borough Developing Co. v. Harmon, 154 App. Div. 689 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 20, 1913, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover upon a contract under which the plaintiff undertook to deliver, dump and spread upon the defendants’ certain

p. 692

premises, known as “ Flatbush Gardens,” in the borough of Brooklyn, a quantity of street sweepings, ashes and incinerated rubbish for the purpose of filling in proposed streets in said property.

Dallas Flannagan and Walter T. Lindsay for appellants.

James E. Finegan, William J. Duane and Frank S. Angell for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Hiscock, Chase, Collin, Hogan, Miller and Cardozo, JJ.