Logan v. Berkshire Apartment Ass'n
New York Court of Common Pleas
Appeal from city court, general term. Action by William J. Logan and another against the Berkshire Apartment Association to recover for a tank made and delivered by plaintiffs to defendant under a special contract. From a judgment of the general term of the city court (20 K. Y. Supp. 309) affirming a judgment of the trial term entered on a verdict in plaintiffs’ favor, defendant appeals.
1Opinion of the CourtDaly, C. J.
The plaintiffs claim to recover $235 for a tank (to be used for heating water by steam) which they made and delivered to the defendant under a special contract. The defendant at first objected to the tank for certain alleged variations from the contract, but afterwards consented to take it upon the plaintiffs’ offering to make certain connections. When this additional work was done, objection was still made to the flanges furnished for the connections as unsuitable and imperfect, and defendant had new flanges made by another machinist, after which the tank was in constant use down to and at…
2Cases cited5 opinions
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Globe Printing Co. v. StahlMissouri Court of Appeals · 1886
- J. Obermann Brewing Co. v. AdamsAppellate Court of Illinois · 1890
- Haynes v. CoxIndiana Supreme Court · 1889
3Cited by7 opinions
- Mizell v. WatsonSupreme Court of Florida · 1909
- Hospital Supply Co. v. O'NeillNew York Court of Common Pleas · 1895
- Hamburger v. RottenbergNew York Court of Common Pleas · 1894
- Liquid Carbonic Corp. v. CaroombasNew York Supreme Court · 1928
- Turl v. KnabeAppellate Terms of the Supreme Court of New York · 1899
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