Hyperlawhypertext legal database John J. Guinan Contracting Co. v. Topeka Paving Co. 157 N.Y.S. 1129

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John J. Guinan Contracting Co. v. Topeka Paving Co.

157 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1916-01-28 English

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p. 1129
JOHN J. GUINAN CONTRACTING COMPANY, respondent, v. TOPEKA PAVING COMPANY, Inc., appellant.
(Supreme Court, Appellate Division. Second Department.
January 28, 1916.)

The issue relates entirely to the values of labor and materials, which fall under a few classes. The defendant, through its attorney, stated that it was willing to make admissions concerning such matters. Certainly, in view of the condition of the pleadings, aided by such proper concessions, a reference is not necessary. Order reversed, with $10 costs and disbursements, and motion denied, without costs. Jenks. P. J., and Thomas, Carr, Rich, and Putnam, JJ., concur.