Summary
In T.J.W. Corporation v. Board of Higher Education of the City of New York, 276 N.Y. 644, 12 N.E.2d 800 (1938), a case remarkably similar to the one before us, the New York Court of Appeals affirmed a directed verdict for defendant Board of Education to recover on its counterclaim for payments made by mistake for work that was within the scope of the lump sum contract and not extra work, as plaintiff claimed.
Summary of this case from W.L. Hailey Company v. County of NiagaraOpinion
Argued December 6, 1937
Decided January 4, 1938
Appeal from the Supreme Court, Appellate Division, First Department.
Charles R. Barrett and Edward G. Bathon for appellant.
Paul Windels, Corporation Counsel ( Paxton Blair, Oren Clive Herwitz and Nelson Rosenbaum of counsel), for respondents.
Judgment affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.