Milliken v. Keppler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Pauline Keppler, ITdo Keppler, Louis C. Raegener and Edward C. Stieglitz, as. executors and trustees-under the last will and testament of Joseph Kepp’er, deceased, Adolph Schwarzmann and William Ottmann and Louis Ottmann, as trustees of the estate of Jacob Ottmann, deceased, from a judgment of the Court of Common Pleas for the city and county of New York, entered in the office of the clerk of said court on the 31st day of December, 1895, upon the…
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Appeal by the defendants, Pauline Keppler, ITdo Keppler, Louis C. Raegener and Edward C. Stieglitz, as. executors and trustees-under the last will and testament of Joseph Kepp’er, deceased, Adolph Schwarzmann and William Ottmann and Louis Ottmann, as trustees of the estate of Jacob Ottmann, deceased, from a judgment of the Court of Common Pleas for the city and county of New York, entered in the office of the clerk of said court on the 31st day of December, 1895, upon the decision of the court rendered after a trial at an Equity Term thereof. The appellants, the owners of certain land on the…
1Opinion of the Court
Barrett, J.:
The question whether or not the trial court erred in dismissing the counterclaim of the appellants is one of mixed law and fact.' It will be well to consider first the construction to be given to the ■contract. The performance of the contract was made contingent ■upon strikes and boycotts. The appellants claim that the strikes referred to were only such as might occur in the shops of the contractor. We see no reason for thus limiting the words. The •obvious intent in inserting the clause was to protect the contractor from liability for delays which it could not help, so far as…
2Cases cited1 opinion
- Harmony v. . BinghamNew York Court of Appeals · 1854
3Cited by6 opinions
- W. K. Niver Coal Co. v. Cheronea S. S. Co.Court of Appeals for the First Circuit · 1905
- Kansas City Bridge Co. v. Lindsay Bridge Co.Supreme Court of Oklahoma · 1912
- Capital Fertilizer Co. v. Ashcraft-Wilkinson Co.Supreme Court of Alabama · 1918
- General Commercial Co. v. Butterworth-Judson Corp.Appellate Division of the Supreme Court of the State of New York · 1921
- Kuhlman Plastics Co. v. Kansas City Power & Light Co.Supreme Court of Missouri · 1966
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