Judgment unanimously modified and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Plaintiff sought the balance of $8,000 due on the third and final installment of a contract for the construction of a warehouse owned by the defendant. He also sought $135 which he paid for a survey of the premises and $2,217.94 for the work partially performed on an office addition pursuant to a separate oral agreement. Defendant alleged in a counterclaim...
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