New York Supreme Court February 15, 1871 (Shuler v. Meyers)

By the Court

Miller, P. J.

I think the court committed no error in granting the motion for a nonsuit. The complaint in this action alleges an agreement to build a school-house for the trustees, according to an agreement made with said trustees, and that said trustees omitted and refused to pay. The plaintiff' claimed in his opening to recover against the defendants as trustees.