Legal Opinion

Rochevot v. Wolf

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1904PublishedCited by 5 opinions

Appeal by the defendant, Fred W. Wolf, from a judgment of the Supreme Court'in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 9th day of August, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of August, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Williams, J. :

The judgment and order should be reversed an.d a new trial granted, with costs to appellant to abide event.

The action was brought upon a contract for the construction of a refrigerating plant for use in Mr. Rochevot’s brewery in the city of Buffalo, N. T. The original contract was made September 12, 1885. It contained a full description of the plant and a guaranty on the part of the defendant that it would do the work prescribed in the contract, and an agreement that if it would not do so the defendant would remove it and refund any money paid for the same. Thereafter and prior…

2Cases cited6 opinions

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878
  2. Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
  3. Littlejohn v. . ShawNew York Court of Appeals · 1899
  4. Norton v. . DreyfussNew York Court of Appeals · 1887
  5. Bates v. Fish Bros.Appellate Division of the Supreme Court of the State of New York · 1900

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3Cited by5 opinions

  1. Nunn v. BrillhartTexas Commission of Appeals · 1922
  2. Cawley v. . WeinerNew York Court of Appeals · 1923
  3. Windsor Print Works v. C. F. Hathaway Co.Court of Appeals for the First Circuit · 1923
  4. Heffron v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1907
  5. Isbell-Porter Co. v. HeinemanAppellate Division of the Supreme Court of the State of New York · 1906

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