New York Court of Appeals February 20, 1877 (Flood v. . Mitchell)

Miller, J.

This action was brought to recover for work and labor performed by the plaintiff for the defendant in the construction of a racecourse. Hpon the trial one Salter, who was a civil engineer, testified that he was present at a conver

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sation had between the parties in regard to the grading and building the racecourse in question, and subsequently, at the request of the parties,