Blake v. Gerken — 71 N.Y.S. 1133

Majority

p. 1133

BLAKE et al., Appellants, v. GERKEN, Respondent.

(City Court of New York, General Term.

May, 1901.)

Headnote

Appeal from a judgment dismissing tbe plaintiffs’ complaint. Hardy & Shellabarger (Charles J. Hardy, of counsel), for appellants. H. Aplington (J. A. Stitt, of counsel), for respondent.

We think the trial justice erred in his dismissal of the complaint. The undisputed evidence was that work was done and materials furnished, for which plaintiffs were entitled to at least nominal compensation. This judgment must be reversed, and a new trial ordered, with costs to appellants to abide event of action. Judgment reversed, and new trial ordered, with costs to appellants to abide event. •