Traitel Marble Co. v. Brown Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Traitel Marble Company, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 24th day of June, 1913, affirming a judgment of the City Court of the City of New York dismissing the complaint.
1Opinion of the Court
Hotchkiss, J.:
The action is for a balance due under a building contract. The complaint alleges that the specifications provided for hydraulic tile, but that by subsequent agreement quarry tile was substituted, and that the contract as thus modified was performed. The contract named one Brown as architect, and contained the usual provision that “no alterations shall be made in the work except upon written order of the architect.” Plaintiff offered testimony tending to show a verbal arrangement with Brown for the substitution of the quarry tile, and also showed that at the time of such…
2Cases cited5 opinions
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- Langley v. . RoussNew York Court of Appeals · 1906
- F. W. Carlin Construction Co. v. New York & Brooklyn Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by12 opinions
- Scientific Holding Company, Ltd. v. Plessey IncorporatedCourt of Appeals for the Second Circuit · 1974
- Goldenberg v. Bartell Broadcasting Corp.New York Supreme Court · 1965
- Odell v. 704 Broadway CondominiumAppellate Division of the Supreme Court of the State of New York · 2001
- Vig v. Deka Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Peter A. Camilli & Sons, Inc. v. StateNew York Court of Claims · 1963
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