
    Louis Finkelstein, Respondent, v. Gertrude R. Waldo, Appellant.
    (City Court of New York, General Term,
    July, 1897.)
    Principal and agent —Third party not bound by their private agreement.
    A person who has done work upon premises, under an employment from the agent of the owner, is not bound by any agreement made between the owner and her agent, under which the agent was to pay for the work, unless the agreement was brought to the knowledge of the person performing the services.
    Appeal from a judgment in favor of plaintiff, entered upon a verdict.
    Howard P. O’Kie, for appellant.
    F. G. Anderson, for respondent.
   McCarthy, J.

■ This agreement could not and would not affect the plaintiff unless brought home to his notice, and that said work was performed with a knowledge of such special agreement, nor would the "payment of any money to Converse, which was not paid to the plaintiff by Converse, relieve the defendant of the liability unless the plaintiff took it under such conditions and knew of such agreement.

She, herself, said she was the owner of the premises, and that the work was well done and received the benefit of it.

The judge’s charge was fair and in accordance with the .law, and • there was no error committed on the trial.

The verdict was right and just.

Judgment must, therefore, be affirmed, with costs.

-.Schuchmau, J., concurs.

Judgment affirmed, with costs.  