General Electric Co. v. National Contracting Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 2, 1903, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 2, 1903, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The original, complaint alleged full performance by the plaintiff of all the terms and conditions of the contract, and the learned referee, after objection that evidence tending to show waiver of performance was inadmissible, and the reception of such evidence under exception, had no power to allow an…
1Opinion of the Court
', 'O’Brien, J.
Both parties to this action are domestic corporations. The plaintiff is extensively engaged in the manufacture and sale of all kinds of electrical appliances and apparatus and the defendant, as its name indicates, is a contracting company.
On the 15th day of June, 1900, they entered into a written contract whereby the plaintiff agreed to manufacture, deliver on board the cars and install for the defendant certain electric machinery and appliances, for which the defendant agreed to pay sixty-five thousand dollars, one-third cash on delivery, one-third in thirty days thereafter…
2Cases cited14 opinions
- Thomson v. . PoorNew York Court of Appeals · 1895
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
- Dunn v. . SteubingNew York Court of Appeals · 1890
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3Cited by16 opinions
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Fritts v. Cloud Oak Flooring CompanyMissouri Court of Appeals · 1972
- Fisher v. TiffinOregon Supreme Court · 1976
- Niles v. DanforthSupreme Court of Vermont · 1923
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