3 Keyes 453
Decided June 15, 1867
New York Court of Appeals · decided 1867-06-15
The action was for moneys expended and services rendered by the plaintiff under a written, agreement with the defendant; which provided, among other things, that the plaintiff should take charge of certain rooms in a hotel in Buffalo, kept by the defendant, for the sum of ninety dollars a month, and that the plaintiff should provide certain articles necessary for that purpose, and pay for all gas consumed in the building.
Appeal without merit · Decided 1867-06-15
¶1The referee was right in receiving the proof to which the defendant objected. The use of the gas was essential in conducting the business in.which the parties were engaged. The plaintiff was at liberty to make the payments and claim re-imbursement from the defendant. The appeal is without merit, and the judgmént should be affirmed, with five per cent damages for delay.
¶2All concur. Judgment accordingly.