Edgett v. Jennings

Appellate Division of the Supreme Court of New York

Edgett v. Jennings

202 A.D. 731

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1922·Published

Opinion

The complaint is on an express contract, and not to recover for services on a quantum, meruit. The amount paid by the defendant for the Cowles Camp purchased by defendant is, therefore, irrelevant "to the issue. In so far as the order directs an examination of the defendant as to this amount paid, it must be reversed. The other two subjects of examination were proper. (Richards v. Whiting, 127 App. Div. 208.) Order modified by striking out the subject of examination designated in said order by paragraph 3, and as modified affirmed, without costs. Blackmar, P. J„ Rich, Jaycox, Manning and Kelby, JJ., concur.

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The complaint is on an express contract, and not to recover for services on a quantum, meruit. The amount paid by the defendant for the Cowles Camp purchased by defendant is, therefore, irrelevant "to the issue. In so far as the order directs an examination of the defendant as to this amount paid, it must be reversed. The other two subjects of examination were proper. (Richards v. Whiting, 127 App. Div. 208.) Order modified by striking out the subject of examination designated in said order by paragraph 3, and as modified affirmed, without costs. Blackmar, P. J„ Rich, Jaycox, Manning and Kelby, JJ., concur.

Edgett v. Jennings, 202 A.D. 731 (N.Y. Ct. App. 1922).

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Opinion

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