Gardner v. Pierce
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Clay Pierce, from a judgment of the Supreme Court in favor of the plaintiffs^ entered in the office of the clerk of the county of Hew York on the 25th day of June, 1908, upon the verdict of a jury, and also from an order entered in said cleric’s office on the 24th day of June, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The plaintiffs were employed by the defendant to design and superintend for him the construction of a yacht, for which he agreed to pay them five per'cent of its cost. Under a contract for the construction it was to be completed on or before the 1st of January, 1902. The plaintiffs made several alterations in the plans during the progress of construction which were not satisfactory to the defendant, in consequence of which lie, on the 9th of. December, 1901, notified them that the yacht wasmot being constructed according to agreement; that it was unsatisfactory; and demanded…
2Cases cited2 opinions
- Donovan v. . WeedNew York Court of Appeals · 1905
- Cole v. KoschAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Sullivan v. SprungAppellate Division of the Supreme Court of the State of New York · 1915
- Clair v. Kall & Kall, Inc.Nassau County District Court · 1960
- McCudden v. Brockmeyer, Court of Common Pleas of Ohio, Hamilton County1915