Schmohl v. O'Brien , 53 N.Y.S. 1114 ( 1898 )

Schuchman, J.

The court found that the contractor, Powers, on performance of his contract would have been entitled to $660, and was entitled for extra work to $91.50, making a total, of $751.50, and that the owner O’Brien had paid that amount to him or to his order to complete the work under the contract. These findings are supported by the evidence. They are not against the weight of evidence.

Olcott, J., concurs.

Judgment affirmed, with costs.