Bigelow v. Garwitz
New York Supreme Court
Appeal from circuit court. Action by Charles C. Bigelow against Joseph Garwitz. From an order granting defendant's motion on the minutes to set. aside a verdict for plaintiff, and for a new trial, plaintiff appeals.
1Opinion of the CourtDwight, P. J.
The order seems to ns to have been properly made on grounds other than those assigned by the court below in a brief memorandum accompanying its decision. The action was for the contract price of drilling a well, and furnishing the necessary casing, piping, and other fittings therefor. The complaint alleged an oral contract, which fixed the price per foot of the drilling, and of each of the necessary fittings, but left the depth to which the well should be sunk to he thereafter decided and directed by the defendant. It further alleged that when the drilling had proceeded to the depth of 121…
2Cited by10 opinions
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- Myers v. MyersAppellate Division of the Supreme Court of the State of New York · 1903
- Tou Velle v. Farm Bureau Co-op. ExchangeOregon Supreme Court · 1924
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