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T.J.W. v. B.E. Higher E. C. of N.Y

Court of Appeals of the State of New York
Jan 4, 1938
12 N.E.2d 800 (N.Y. 1938)

Summary

In T.J.W. Corporation v. Board of Higher Education of the City of New York, 276 N.Y. 644, 12 N.E.2d 800 (1938), a case remarkably similar to the one before us, the New York Court of Appeals affirmed a directed verdict for defendant Board of Education to recover on its counterclaim for payments made by mistake for work that was within the scope of the lump sum contract and not extra work, as plaintiff claimed.

Summary of this case from W.L. Hailey Company v. County of Niagara

Opinion

Argued December 6, 1937

Decided January 4, 1938

Appeal from the Supreme Court, Appellate Division, First Department.

Charles R. Barrett and Edward G. Bathon for appellant.

Paul Windels, Corporation Counsel ( Paxton Blair, Oren Clive Herwitz and Nelson Rosenbaum of counsel), for respondents.



Judgment affirmed, with costs; no opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.


Summaries of

T.J.W. v. B.E. Higher E. C. of N.Y

Court of Appeals of the State of New York
Jan 4, 1938
12 N.E.2d 800 (N.Y. 1938)

In T.J.W. Corporation v. Board of Higher Education of the City of New York, 276 N.Y. 644, 12 N.E.2d 800 (1938), a case remarkably similar to the one before us, the New York Court of Appeals affirmed a directed verdict for defendant Board of Education to recover on its counterclaim for payments made by mistake for work that was within the scope of the lump sum contract and not extra work, as plaintiff claimed.

Summary of this case from W.L. Hailey Company v. County of Niagara
Case details for

T.J.W. v. B.E. Higher E. C. of N.Y

Case Details

Full title:T.J.W. CORPORATION, Appellant, v. BOARD OF HIGHER EDUCATION OF THE CITY OF…

Court:Court of Appeals of the State of New York

Date published: Jan 4, 1938

Citations

12 N.E.2d 800 (N.Y. 1938)
12 N.E.2d 800

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