Holdsworth v. Wills

Appellate Division of the Supreme Court of New York

Holdsworth v. Wills

254 A.D. 677, 3 N.Y.S.2d 226, 1938 N.Y. App. Div. LEXIS 7107

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 1, 1938

StatusPublished

This text of 254 A.D. 677 (Holdsworth v. Wills) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holdsworth v. Wills, 254 A.D. 677, 3 N.Y.S.2d 226, 1938 N.Y. App. Div. LEXIS 7107 (N.Y. Ct. App. 1938).

Pincite

Opinion

In an action to recover the unpaid balance on a plastering contract and for extra work, judgment modified by striking out the separate amounts awarded to plaintiffs and substituting therefor an award to plaintiffs of $10,380.73 plus $216.43 costs, a total of $10,597.15, and as thus modified judgment, in so far as an appeal is taken therefrom, unanimously affirmed, with costs to appellant. We find the balance due on the contract, less proper credits, to be $10,380.73. Under the contract, plaintiffs were not authorized to furnish extra material and labor without a written order and certificate, and none were obtained. However, we have examined the evidence and we do not find that plaintiffs have established the performance of the work for which extra compensation is claimed. Interest should not be allowed on sums which the appellant had a right to retain under the contract. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover the unpaid balance on a plastering contract and for extra work, judgment modified by striking out the separate amounts awarded to plaintiffs and substituting therefor an award to plaintiffs of $10,380.73 plus $216.43 costs, a total of $10,597.15, and as thus modified judgment, in so far as an appeal is taken therefrom, unanimously affirmed, with costs to appellant. We find the balance due on the contract, less proper credits, to be $10,380.73. Under the contract, plaintiffs were not authorized to furnish extra material and labor without a written order and certificate, and none were obtained. However, we have examined the evidence and we do not find that plaintiffs have established the performance of the work for which extra compensation is claimed. Interest should not be allowed on sums which the appellant had a right to retain under the contract. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D. 677, 3 N.Y.S.2d 226, 1938 N.Y. App. Div. LEXIS 7107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holdsworth-v-wills-nyappdiv-1938.