Steel Storage & Elevator Construction Co. v. F. W. Stock
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 26, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge the jury that the plaintiff had failed to perform the Hillsdale contract.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 26, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge the jury that the plaintiff had failed to perform the Hillsdale contract. And again it erred in refusing to charge the jury that if they found that the plaintiff had not fully performed the contract according to the plans and specifications, that then the plaintiff…
1Opinion of the CourtPound, J.
This action was brought to recover a balance of $13,000 for work, labor and services performed and goods, wares and materials furnished in the construction of a grain elevator plant at Hillsdale, Mich. Defendant Alex. Stock alone was served. The answer sets up that plaintiff entered into a contract to erect an elevator plant for defendant in accordance with certain plans and specifications for an agreed price and that plaintiff failed to carry out the terms and conditions of the agreement. The parties had entered into negotiations for a contract for the construction of the Hillsdale plant for…
2Cases cited4 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Spence v. . HamNew York Court of Appeals · 1900
- Stewart v. . NewburyNew York Court of Appeals · 1917
- Cronin v. . LordNew York Court of Appeals · 1899
3Cited by17 opinions
- Matter of Park East Land Corp. v. FinkelsteinNew York Court of Appeals · 1949
- Nieman-Irving & Co. v. LazenbyNew York Court of Appeals · 1933
- Carefree Building Products, Inc. v. BelinaAppellate Division of the Supreme Court of the State of New York · 1991
- Oilheat Systems, Inc. v. SpadaroAppellate Terms of the Supreme Court of New York · 1930
- Vittorio Properties, Inc. v. AlprinCivil Court of the City of New York · 1971
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