Ball Electric Light Co. v. Sanderson Bros. Steel Co.
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by the Ball Electric Light Company against the Sanderson Bros. Steel Company, to recover the price of an electric light plant put in the defendant’s works by the plaintiff. In defense the defendant alleged that the plant failed to operate successfully for 90 days, and to light its works to its satisfaction, which were conditions precedent to plaintiff’s right to receive payment. Plaintiff was nonsuited, and appeals.
1Opinion of the Court
Merwin. J.
The main question upon this appeal is whether the case should have been submitted to the jury. There is no particular dispute as to the *430form of the contract between the parties. On the 2d June", 1887, the defendant wrote the plaintiff, offering to “ install a 30-light apparatus, you furnishing 15 horse-power at the pulley of the dynamo, for the sum of $1,985; or we will install a 25-light apparatus for the sum of $1,725. With either of these we will also install the necessary few incandescent lights required for your office without further charge, the entire installation being…
2Cases cited5 opinions
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Brown v. . FosterNew York Court of Appeals · 1888
- Daggett & Graves v. JohnsonSupreme Court of Vermont · 1877
- Corning & Norton v. Colt & NowlandNew York Supreme Court · 1830
- Prairie Farmer Co. v. TaylorIllinois Supreme Court · 1873
3Cited by2 opinions
- Smith v. HedgesNew York Supreme Court · 1915
- Hamburger v. RottenbergNew York Court of Common Pleas · 1894