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Wilkinson v. Davies

31 N.Y.S. 1135 Court N.Y. Gen. Term Decision date 1894-12-14 English

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p. 1135
WILKINSON, Respondent, v. DAVIES, Appellant.
(Supreme Court, General Term, First Department.
December 14, 1894.)

Headnote

Action by Caroline S. Wilkinson against Henry Eugene Davies, as administrator of Henry E. Davies, deceased.
Byron Traver, for appellant.
W. D. Leonard, for respondent.

This action was brought upon an agreement made with the plaintiff by the defendant to pay a certain sum for rooms and board, with no deductions in case of absence, to recover the amount agreed to be paid, less the amount received. There is no dispute as to the facts. The plaintiff was entitled to recover what the defendant agreed to pay, and there was no question in the case as to profits. The judgment should be affirmed, with costs.