Appellate Terms of the Supreme Court of New York December 16, 1908 (Spooner v. Kornarens)

GIEGERICH, J.

There is involved in this case only a question of the weight of evidence. The trial justice evidently believed the plaintiff’s version of the contract, and in this we can find no reason to differ with him. The testimony of the defendant Cleary that the entire work was undertaken for $50 is highly improbable. He himself counterclaimed $92.50 for repairing defects alone.