Wegner Machine Co. v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Taylor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 7th day of June, 1910, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk's office on the 6tlr day of July, 1910, denying the defendant’s motion for a new trial made upon the minutes. ,
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to appellant to abide event.
The action was brought to 'recover the balance unpaid upon a contract to construct on defendant’s premises a refrigerating plant and extra machinery connected therewith. The price of the plant was $8,732, to be paid one-third by three months’ note when the *705machinery was delivered, another one-third in cash when the plant was completed, and the remaining one-third by a three months’ note to be given at the time of such completion, which defendant might renew. The first note…
2Cited by1 opinion
- Greeff Engineering & Manufacturing Co. v. Scourene Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1918