Supreme Court, Kings County, New York
55 N.Y.S. 945 (Sup. Ct. 1899)
Josephine Drake (plaintiff) hired Russell, a mechanic, to repair her house. Russell mistakenly went into and repaired the house of Edward Bell (defendant), Drake’s neighbor, without Bell’s knowledge. Nevertheless, Bell’s house was in need of repair and the repairs improved his house significantly. After reviewing the repairs, Bell orally promised to pay Russell’s contractor for the work. The contractor assigned his claim against Bell to Drake. Drake brought suit to recover the payment from Bell.
Rule of Law
Holding and Reasoning (Gaynor, J.)
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