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Clark v. Marsiglia
Supreme Court of New York
43 Am.Dec. 670 (1845)
Marsiglia (plaintiff) agreed to clean and repair several paintings for Clark (defendant). After Marsiglia began working on the paintings, Clark notified Marsiglia that he no longer wanted the work done. Marsiglia nevertheless completed the job and demanded the amount owed for the entire job. Clark refused to pay and Marsiglia sued Clark to recover the amount owed. The court instructed the jury that since Marsiglia began the job before Clark revoked his request, Marsiglia was entitled to complete the job and to recover for the completed job. The jury’s verdict reflected the instructions and judgment was entered for Marsiglia.
Rule of Law
Holding and Reasoning (Per curiam)
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