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117 N.Y.S. 806

Graff v. Able

Appellate Terms of the Supreme Court of New York · decided 1909-06-25

<p>WORK AND LABOR (§ 12*)—RECOVERY.</p> <p>A tailor, making a coat for a customer and. furnishing some of the materials, may recover the value of the work and materials, less the cost of making slight alterations necessary to complete the. garment in all respects.</p> <p>[Ed. Note.—For other cases, see Work and Labor, Cent. Dig. § 27; Dec. Dig. § 12.*]</p>

Reversed, and new trial ordered · Decided 1909-06-25

PER CURIAM.

¶1The defendant’s wife went to the plaintiff, a tailor, and was measured for a coat, and furnished the cloth for the same. The plaintiff made the coat and furnished the lining and "“findings.” His labor he valued at $15, the lining $8, and the “findings” $1.50, for which amount he brought this action. The defense *807was that the coat did not fit. Upon this question there was given, before the justice, conflicting evidence; but, taking the defendant’s testimony as true, only slight alterations would be necessary in order to complete the garment in all respects. The court then gave judgment in favor of the defendant. Under the circumstances disclosed, the plaintiff was entitled to (he sum of $24.50, less the cost of making the necessary alterations.

¶2Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.

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