Kuhs v. Flower City Tissue Mills Co.
New York Supreme Court
Action to foreclose mechanic’s lien. Plaintiff was a subcontractor for mason work under defendant Rapp, the contractor for the construction of a .paper mill for the defendant Flower City Tissue Mills Company. Plaintiff claims that the contractor represented that the excavation would consist of earth and gravel and the owner claims that plaintiff failed to make the walls watertight and asks for damages.
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Action to foreclose mechanic’s lien. Plaintiff was a subcontractor for mason work under defendant Rapp, the contractor for the construction of a .paper mill for the defendant Flower City Tissue Mills Company. Plaintiff claims that the contractor represented that the excavation would consist of earth and gravel and the owner claims that plaintiff failed to make the walls watertight and asks for damages. Plaintiff did not find sufficient gravel on the site to do his work and found the excavation to be largely hardpan instead of earth and -gravel. The specifications contained a detailed…
1Opinion of the CourtRodenbeck, J.
The subcontractor, Kuhs, claims that he found hardpan in the excavation to be done under the contract and that it was represented that the soil was made up of earth and gravel and also that it was represented that there was sufficient gravel in the excavation and on the premises for use in making concrete, and the owner, the Flower City Tissue Mills Company, claims that the foundation walls of the building were not made watertight as required by the contract and that it is entitled to damages against the contractor for his omission .to ■ make the walls watertight.
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2Cases cited14 opinions
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
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3Cited by4 opinions
- Savin Brothers, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- Rubin v. ColesCity of New York Municipal Court · 1931
- Port of Seattle v. Puget Sound Sheet Metal WorksWashington Supreme Court · 1923
- Dearstine v. DunckelNew York Supreme Court · 1926