New York Court of Common Pleas May 15, 1876 (Preusser v. Florence)

Van Brunt, J.

— It is true that the referee before whom this cause was tried has reported that the work was substantially completed at the time of the commencement of this action, but how he has arrived at any such conclusion it is somewhat difficult to imagine, because the undisputed evidence is that the dumb waiter called for by Hart’s contract .