Jacob & Youngs, Inc. v. Kent
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 13, 1919, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial.
1Opinion of the CourtCabdozo, J.
The plaintiff built a country residence for the defendant at a cost of upwards of $77,000, and now sues to recover a balance of $3,483.46, remaining unpaid. The work of construction ceased in June, 1914, and the defendant then began to occupy the dwelling. There was no complaint of defective performance until March, 1915. One of the specifications for the plumbing work provides that “ all wrought iron pipe must be well, galvanized, lap welded pipe of the grade known as ‘ standard pipe ’ of Reading manufacture.” The defendant learned in March, 1915, that some of the pipe, instead of being made…
2Cases cited14 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Woodward v. . FullerNew York Court of Appeals · 1880
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
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3Cited by217 opinions
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- Deems v. Western Maryland Railway Co.Court of Appeals of Maryland · 1967
- Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
- United States of America, Cross-Appellee v. John CanovaCourt of Appeals for the Second Circuit · 2005
- Mega Construction Co. v. United StatesUnited States Court of Federal Claims · 1993
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