Estes v. Curtiss Aeroplane & Motor Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George L. Estes, from a judgment in favor of the defendant, entered in the office of the clerk of the county of Allegany on the 14th day of January, 1920, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case and directing a verdict for the defendant.
1Opinion of the Court
Kruse, P. J.:
The plaintiff manufactures lumber. The defendant was constructing aeroplanes for the government and needed lumber. The plaintiff had manufactured and furnished lumber to the defendant for this purpose before entering into the contract in suit. The inspection had been made by a *721government inspector, which the plaintiff regarded as rigid, unreasonable and unjust, resulting in serious financial loss to him, as he claimed. The defendant desired more lumber, but the plaintiff complained of the inspection and refused to furnish any more subject to government inspection. The defendant’s…
2Cases cited4 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.New York Court of Appeals · 1917
- Hadfield v. ColterAppellate Division of the Supreme Court of the State of New York · 1919
- Camden Iron Works v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by10 opinions
- Aetna Casualty And Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
- Neal-Cooper Grain Co. v. Texas Gulf Sulphur Co.Court of Appeals for the Seventh Circuit · 1974
- San Bernardino Valley Water Development Co. v. San Bernardino Valley Municipal Water DistrictCalifornia Court of Appeal · 1965
- Srybnik v. EpsteinCourt of Appeals for the Second Circuit · 1956
- Aetna Casualty & Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
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