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Raymond v. Hanford

10 N.Y. Sup. Ct. 612 Court N.Y. Sup. Ct. English

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Majority

p. 612
JAMES H. RAYMOND, Respondent, v. CAROLINE H. HANFORD, Appellant.

Headnote

Implied, assumpsit—measure of damages.
An executed contract may be sued upon, on an implied assumpsit, and the contract-price will be the measure of damages,[1]
Appeal from a judgment in favor of plaintiff, and from an order denying defendant’s motion for a new trial.,
The action was brought upon a quantum meruit, for work and labor done for defendant.
T. Q. Swaptwout, for the appellant.
L. T. Yale, for the respondent.

Opinion by Barnard, P. J.

p. 613
Present—Barnard, P. J., Tappbn and Donohue, JJ.

Judgment affirmed, with costs.