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Schmohl v. O'Brien

53 N.Y.S. 1114 Court General Term. Decision date 1898-08-06 English

Delivered by SCHUCHMAN, J.

Contents

Majority

p. 1114
SCHMOHL, Appellant, v. O’BRIEN et al., Respondents.
(City Court of New York,
General Term.
August 6, 1898.)

Headnote

Action by William H. Schmohl against Timothy O’Brien and others.
Wilson, Barker & Wilson, for appellant.
Mulqueen & Mulqueen, for respondents.

The court found that the contractor, Powers, on performance of his contract, would have been entitled to $660, and was entitled for extra work to $91.50, making a total of $751.50, and that the owner, O’Brien, had paid that amount to him, or to his order, or to complete the work under the contract. These findings are supported by the evidence. They are not against the weight of evidence. Judgment affirmed, with costs. OLCOTT, J., concurs.