JOHNS-MANVILLE CORP. v. STONE


5 A.D.2d 110 (1957)

Johns-Manville Sales Corporation, Appellant, v. Paul Stone et al., Copartners Doing Business under the Name of Stone Construction Co., Respondents

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

December 17, 1957.


Attorney(s) appearing for the Case

Gustave A. de Lemos for appellant.

Joseph G. Gubman of counsel (Shapiro, Gubman & Sitomer, attorneys), for respondents.

PECK, P. J., RABIN, FRANK and McNALLY JJ., concur.


BREITEL, J.

Plaintiff appeals from a judgment in favor of defendants, after a nonjury trial, in an action to recover for materials and work, labor and services in the sum of $10,493, representing an unpaid balance.

The work was done under three written contracts, prepared and submitted by defendants. Concededly, the contracts were properly performed by plaintiff and plaintiff is unpaid to the extent of...

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