MAHLER, INC. v. SPERO & COHEN


17 Misc.2d 205 (1959)

Henry D. Mahler, Inc., Appellant, v. Spero & Cohen, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

January 29, 1959.


Attorney(s) appearing for the Case

Jack M. Perlman for appellant.

Feinman, Katz & Roth (Michael H. Roth and Milton Feinman of counsel), for respondent.

Concur — HECHT, J. P., AURELIO and TILZER, JJ.


Per Curiam.

By the clear and explicit terms of the contract between the parties, defendant agreed to supply labor at $3 per man per hour to dismantle steel shelving at the old store and erect it at the new one, and also agreed "to brace such shelving in such a manner as to prevent collapsing." The trial court's holding that "the sole responsibility of the defendant thereunder was to supply labor to plaintiff at $3...

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