Sweet v. . Morrison
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 9, 1884, reversing a judgment in favor of plaintiffs, entered upon a decision of the court, on trial at Special Term, and ordering a new trial.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 9, 1884, reversing a judgment in favor of plaintiffs, entered upon a decision of the court, on trial at Special Term, and ordering a new trial. This action was brought to recover a balance alleged to be due plaintiffs under a contract between the parties.' On the 29th of September, 1871, the defendants, comprising the firm of Payson, Canda & Co., entered into contract with the ¡Northern Pacific ¡Railroad Company to furnish the materials and build that part of its road known as the…
1Opinion of the CourtVann, J.
The person selected by the parties to make the estimate was in the employ of neither, yet, as chief engineer of the railroad company, he sustained such a relation to both as to make it the interest of each that his estimate as to the materials furnished and work done by the plaintiffs should be-as large as possible, for it determined the amount of the-plaintiffs’ compensation as sub-contractors and of the defendant’s profits thereon as contractors. This case, therefore, is unlike those, so frequently arising, in which the certificate or estimate is required from an architect or engineer in…
2Cases cited8 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Perkins v. . GilesNew York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Matter of WilkinsNew York Court of Appeals · 1902
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- AIG Baker Sterling Heights, LLC v. American Multi-Cinema, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Stefano Berizzi Co. v. KrauszNew York Court of Appeals · 1925
71 more not listed; retrieve them via the Exa API.