Booth Bros. & H. I. Granite Co. v. Baird
New York Supreme Court
Appeal from judgment on report of referee. Action by the Booth Bros. & Hurricane Isle.Granite Company and others against Matthew Baird and others. Judgment was entered in favor of plaintiffs for $46,117.30, and defendants Baird and Hart appeal. This action was brought to recover of the defendants a balance claimed to be due under the following contract: , ■ “New York, March 19th, 1889. “Messrs.
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Appeal from judgment on report of referee. Action by the Booth Bros. & Hurricane Isle.Granite Company and others against Matthew Baird and others. Judgment was entered in favor of plaintiffs for $46,117.30, and defendants Baird and Hart appeal. This action was brought to recover of the defendants a balance claimed to be due under the following contract: , ■ “New York, March 19th, 1889. “Messrs. Matthew Baird, John G. Smith, William Kelly, Charles Hart-Gentlemen: We will furnish you ten millions granite paving blocks, 9 inch and upwards in length, three and one-half to four and seven-eighths…
1Opinion of the CourtParker, J.
It is conceded that in the absence of evidence establishing that the term “superficial yard,” as used in the contract, has by long-established usage come to mean the measurement of superficial yards as made by the engineer of the city of Brooklyn in charge of the work, there could have been no recovery for the space occupied by railroad tracks and manholes. Whether the referee was right in deciding that the contract should be read as if it had been written, “For all blocks used by you in the city of Brooklyn, one dollar and sixty-five cents per superficial yard, to be determined by the…
2Cases cited3 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Smith v. . ClewsNew York Court of Appeals · 1889
- Newhall v. . AppletonNew York Court of Appeals · 1889
3Cited by3 opinions
- Williams v. BrownAppellate Division of the Supreme Court of the State of New York · 1900
- Booth Bros. v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
- Leach v. HughesAppellate Terms of the Supreme Court of New York · 1911