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COLLINS v. WILSON

40 A.D.2d 750 (1972)

Harlan R. Collins, Respondent, v. Woodrow F. Wilson, Appellant

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

October 26, 1972

Judgment unanimously affirmed, with costs.

Memorandum:

Plaintiff's action was on the basis of an express contract to pay for "time and materials" incorporated in the addition to defendant's house as well as for extra work ordered by defendant after the commencement of the job. Defendant claimed that the agreement between the parties was for a fixed price of $19,000. The court found that there was an express contract for the cost of labor and material

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