Hoppaugh v. McGrath
Supreme Court of New Jersey
On rule to show cause. Hoppaugh & Wilson made a contract in writing with George M. Douglas to construct and erect for him a dwelling house and stable according to plans and specifications prepared by an architect.. Hoppaugh & Wilson sub-contracted with McGrath to do the mason work and provide the materials for the same. After the buildings were erected Douglas sued Hoppaugh & Wilson to recover damages for defective workmanship and materials.
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On rule to show cause. Hoppaugh & Wilson made a contract in writing with George M. Douglas to construct and erect for him a dwelling house and stable according to plans and specifications prepared by an architect.. Hoppaugh & Wilson sub-contracted with McGrath to do the mason work and provide the materials for the same. After the buildings were erected Douglas sued Hoppaugh & Wilson to recover damages for defective workmanship and materials. The defendants in that suit gave McGrath written notice of its pendency and its object, and called upon him to come in and help defend it. McGrath did…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
This is an action for damages for the breach of a contract. It is true that the damages arising from defects in the mason work resulted in the first instance to Douglas, but nevertheless they were damages that accrued as .a natural consequence of the breach of the defendant’s contract. On the theory that the defendant’s contract was identical in its scope and legal effect with the plaintiffs’ contract with Douglas with respect to the mason work, the loss sustained by the plaintiffs in the damages they might be compelled to pay Douglas for…
2Cases cited4 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Inhabitants of Woburn v. HenshawMassachusetts Supreme Judicial Court · 1869
- New York State Marine Ins. v. Protection Ins.U.S. Circuit Court for the District of Massachusetts · 1841
- Kip v. BrighamNew York Supreme Court · 1810
3Cited by6 opinions
- Olin's Rent-A-Car Sys., Inc. v. Royal Continental Hotels, Inc.District Court of Appeal of Florida · 1966
- Metzger v. Breeze Corporations, Inc.District Court, D. New Jersey · 1941
- Beacon Lamp Co. v. Travellers InsuranceNew Jersey Court of Chancery · 1900
- H. P. Cummings Const. Co. v. Marbleloid Co.Court of Appeals for the Third Circuit · 1931
- Wagner v. St. Peter's HospitalMontana Supreme Court · 1905
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