101 Misc. 18 | N.Y. Sup. Ct. | 1917
These are two actions to foreclose mechanics’ liens. The actions were tried together, but, of course, must be decided separately. The attorney for one of the defendants has submitted one form of requests, as if the actions had been combined; his requests cannot be passed on because not in proper form, and are therefore refused. Defendant Marsh had two contracts for the plumbing, one for each building owned by the defendant Defender Construction Company. He entered into two subcontracts with the plaintiff to supply the materials. These contracts were entire, that is, a lump sum was agreed to be paid for all material to be supplied, but in order to consider the points raised on the trial the materials may be divided into four parts. Certain material was to be supplied to be placed in the building before it was completed sufficiently to receive the fixtures; this material was substantially all of the so-called roughing. Then there was a small part of the material needed to place the fixtures; this was not delivered until the building was ready for the fixtures. Then there were
Ordered accordingly.