Appellate Division of the Supreme Court of the State of New York December 30, 1908 (Interrante v. Levinson)

Jenks, J.:

This appeal by the defendant is from a judgment of the Municipal Court in favor of the plaintiff who had a contract with the defendant to do building work for him and who sues for a breach of that contract. The contract was written and under seal. It provided for certain payments on account at specified stages of the work.