Legal Opinion

Mill Factors Corp. v. Byas

New York Supreme Court

Decided March 5, 1971PublishedCited by 1 opinion

1Opinion of the CourtBertram Harnett, J.

Does the spirit of the Law Merchant of Medieval Scotland and England permeate a home improvement transaction in 1961 Long Island? The answer must be “ verily, no ”. But what has that to do with the case?

In late 1961, a passing “ workman ” stopped at Mr. and Mrs. Byas’ home in St. Albans, Long Island to say that some of the shingles on their roof needed repair. From that beginning, Mr. and Mrs. Byas contracted with Home-Wall Construction Co. (“Home-Wall”), the workman’s employer, for aluminum siding, storm windows and screens. The homeowners executed and delivered in payment to Home-Wall a…

2Cases cited1 opinion

  1. Chase Manhattan Bank v. McLeishAppellate Terms of the Supreme Court of New York · 1968

3Cited by1 opinion

  1. Gramatan Home Investors Corp. v. Lopez, New York County Courts1977

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