¶1 reads for reversal and new trial unless plaintiff stipulate to reduce recovery $1,250 and interest thereon included in judgment, and, if plaintiffs so stipulate, judgment as so reduced affirmed.
¶2 All concur.
¶3 Judgment accordingly.
67 N.Y. 607
Melcher v. . Fisk
Decided December 19, 1876
New York Court of Appeals · decided 1876-12-19
A claim; was presented by plaintiffs as executors of the estate of Paran Stevens against the estate of defendant’s testator for repairs and… Held: that this was a guaranty simply of the amount necessary to lay the floor in the old building, not of the entire floor; that the fact that the amount specified ($2,500) proved to be sufficient to lay the entire floor did not affect the construction to be given the letter, as it was a mere estimate, made before the work was done,…
Decided 1876-12-19