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Sinclair v. Queens Village Homes, Inc.

242 N.Y. 505 Court N.Y. Decision date 1926-01-22 English

Contents

Majority

p. 505
William A. Sinclair, Respondent, v. Queens Village Homes, Inc., et al., Appellants.

Headnote

Contract — services—action to recover for services in construction and sale of buildings.
Sinclair v. Queens Village Homes, Inc., 214 App. Div. 738 , affirmed.
(Argued January 12, 1926;
decided January 22, 1926.)
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 8, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover amounts alleged to be due plaintiff for services as superintendent of construction of certain buildings erected by defendants. The complaint alleged that plaintiff was to receive a weekly salary plus, as to one group of buildings, the sum of fifty dollars per house and as to another, one-half of one per cent of the selling price. The defendants denied that there was any agreement to pay on the second group anything in excess of the weekly salary.
p. 506
Harold R. Medina for appellants.
Charles F. Edsáll and Charles H. Friedrich for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.