Season Comfort Corp. v. Ben A. Borenstein Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “a party cannot plead one cause of action in its complaint and receive judgment on the basis of a different cause of action”
• stating that \a party cannot plead one cause of action in its complaint and receive judgment on the basis of a different cause of action\
• stating that a secondary subcontractor, even if in compliance with the notice requirements of section 24 of the Act, is limited in the assertion of liens to the amounts due to its immediate contractor at the time the notice of lien is given
• refusing to allow unjust enrichment claim on same grounds as statutory claim, when plaintiff failed to properly pursue statutory claim
• stating that a secondary subcontractor, even if in compliance with the notice requirements of Section 24 of the Act, is limited in the assertion of liens to the amounts due to its immediate contractor at the time the notice of lien is given
• “It is necessary that the assignor manifests an intent to transfer his rights under the contract to the assignee.”

Source: CourtListener parenthetical corpus (CC0).