HAMMOND v. DE SANTIS


284 A.D. 924 (1954)

Leonard E. Hammond, Appellant, v. Joseph De Santis, Doing Business as Howard Johnson's Restaurant, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 20, 1954.


The complaint alleges, in substance, that the plaintiff performed certain work, labor and services and furnished certain equipment in connection therewith, at the request of the defendant, of the agreed and reasonable value of $352. The answer consists of a general denial and an affirmative defense that the agreement between plaintiff and defendant called for certain work to be done for a flat price of $400, to be paid upon the completion thereof, and that the plaintiff failed...

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