Mack v. . Snell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which affirmed a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover §699 for labor performed and materials furnished by plaintiffs in the manufacture of 1,000 pruning shears, under a contract with defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which affirmed a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover §699 for labor performed and materials furnished by plaintiffs in the manufacture of 1,000 pruning shears, under a contract with defendant. By the terms of said contract defendant was to furnish the rough castings for the handles, etc., and plaintiffs the blades, and complete their manufacture so as to conform to a sample furnished. The…
1Opinion of the Court
Andrews, Ch. J.
The referee found and both parties concede that the contract between the parties was one of bailment and not of purchase and sale. The consequence follows that the title to the completed shears was at all times in the defendant. The materials added by the plaintiffs in performing their contract became by accession, when joined with the material furnished by the defendant, the property of the latter, he having furnished the principal part, the part furnished by the plaintiff being accessorial merely. (Pierce v. Shenck, 3 Hill, 28 ; Foster v. Pettibone, 7 N. Y. 435 ; Merritt v.…
2Cases cited2 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Merritt v. JohnsonNew York Supreme Court · 1811
3Cited by18 opinions
- Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
- Sattler v. . HallockNew York Court of Appeals · 1899
- Wm. H. Wise & Co. v. Rand McNally & CompanyDistrict Court, S.D. New York · 1961
- Pan-American Petroleum Transp. Co. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1922
- Ferry & Co. v. ForquerMontana Supreme Court · 1921
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