Legal Opinion

Exeter Machine Works v. Wonham-Magor Engineering Works

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

Decided November 5, 1909PublishedCited by 4 opinions

Appeal by the defendant, the Wonham-Magor Engineering Works, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 23d day of December, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

The only question litigated upon the trial was the first cause of action alleged in the complaint, regarding which there is little or no contest between the parties as to the material facts involved. One Smith, as general contractor, was constructing for the United States government a coaling station at Bradford, E. I., and he sublet a *387part of the work, which included the installing of two cable drives, to the defendant, which, in June, 1902, entered into a written agreement with the plaintiff by which, for $4,730, it agreed to furnish and install the same. The plaintiff…

2Cited by4 opinions

  1. Nordin Construction Company v. City of NomeAlaska Supreme Court · 1971
  2. Foster v. Wm. A. White & SonsAppellate Division of the Supreme Court of the State of New York · 1935
  3. Hogg v. Larchmont Yacht ClubAppellate Terms of the Supreme Court of New York · 1912
  4. Nordin Construction Company v. City of NomeAlaska Supreme Court · 1971

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