Drake v. Bell

55 N.Y.S. 945 (Sup. Ct. 1899)

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Nature of the Case

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Facts

Drake (P) hired a vendor to repair her house. By mistake, the vendor repaired the next-door neighbor’s (Bell (D)) home. The repairs were done completely without D’s knowledge. D and the vendor discovered the mistake after the work was done. The work was permanent in that it was plaster and painting. D disclaimed responsibility, but when the vendor reduced the bill to $194 instead of the $210 that P had agreed to pay, D orally agreed to pay. There is no doubt that D’s home, which had stood vacant, had benefited from the work, and also the home, also immediately became saleable. The vendor filed a lien and assigned it to P. P sued D to enforce the lien.