Philips & Butler v. Rose
New York Supreme Court
THIS was an action of covenant, on articles of agree* _ 1 ment, made between the parties the B3d March, 1804, by . . . / which the plaintiffs agreed to erect a frame of certain dimensions, on a certain lot, for an oil-mill, on or before the 15th June following; and the defendant agreed to make the press and other machinery for the mill, and to complete the mill; the plaintiffs finding all materials and 1 1 v boarding the workmen, &c. and when the mill was completed, the…
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THIS was an action of covenant, on articles of agree* _ 1 ment, made between the parties the B3d March, 1804, by . . . / which the plaintiffs agreed to erect a frame of certain dimensions, on a certain lot, for an oil-mill, on or before the 15th June following; and the defendant agreed to make the press and other machinery for the mill, and to complete the mill; the plaintiffs finding all materials and 1 1 v boarding the workmen, &c. and when the mill was completed, the plaintiffs agreed to procure and lay in4,000bushels of flax seed, and the defendant to make it into oil, &c. an(^ after…
1Per curiam
This case falls precisely within that of Little v. Holland, in the K. B. (3 Term Rep. 590.) The contract must be proved, as it is laid, otherwise the defendant has no notice of what he is called upon to answer. Evidence that the contract was enlarged by parol agreement, will not support the declaration.(a) According to the stipulation in the case, a judgment of nonsuit must be entered.
Judgment of nonsuit.
See Keating v. Price, (1 Johns. Cas. 23.)
2Cases cited1 opinion
- Covenhoven v. SeamanNew York Supreme Court · 1799
3Cited by10 opinions
- Daley v. RussCalifornia Supreme Court · 1890
- Esmond v. Van BenschotenNew York Supreme Court · 1852
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
- Warren v. BeanWisconsin Supreme Court · 1858
- Holmes v. . HolmesNew York Court of Appeals · 1854
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