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LUCAS v. SYME

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1926
217 App. Div. 754 (N.Y. App. Div. 1926)

Opinion

June, 1926.


Judgment dismissing complaint reversed upon the law and the facts, with costs to the appellant to abide the event, and a new trial granted. We are of opinion that plaintiff's complaint states a cause of action susceptible of proof that the parties agreed to modify the original contract cost by increasing the amount of labor and materials and the cost thereof. Any enhancement of cost due to defendant's acts or conduct is also subject to be included in the recovery. Kelly, P.J., Manning, Young and Kapper, JJ., concur; Jaycox, J., dissents.


Summaries of

LUCAS v. SYME

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1926
217 App. Div. 754 (N.Y. App. Div. 1926)
Case details for

LUCAS v. SYME

Case Details

Full title:EDWIN J. LUCAS, Appellant, v. SYDNEY A. SYME, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1926

Citations

217 App. Div. 754 (N.Y. App. Div. 1926)