Russell v. Corning Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Niagara county. Action by William P. Bussell against the Corning Manufacturing Company. From a judgment for defendant after a nonsuit, plaintiff appeals.
1Opinion of the CourtSpring, J.
The action is brought to recover damages for breach of contract for failure to provide a furnace to heat the dwelling house of plaintiff, in compliance with a written agreement. The complaint sets forth, in substance, the agreement whereby the defendant promised to put in the house of plaintiff, at Niagara Falls, a “Victor” furnace, for $150, stipulating that it would heat the lower rooms at 70° Fahrenheit in zero weather, and the second floor 65°; that the defendant did furnish and put in the furnace, and was paid $50 therefor; that said furnace failed to heat the rooms to the agreed…
2Cases cited6 opinions
- Beeman v. . BantaNew York Court of Appeals · 1890
- Laraway v. . PerkinsNew York Court of Appeals · 1852
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
- In re ChapinNew York Supreme Court · 1895
- Laufer v. Boynton Furnace Co.New York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Denivelle Co. v. Leonard Keil, Inc.New York Supreme Court · 1913
- Ralph B. Carter Co. v. FischerAppellate Terms of the Supreme Court of New York · 1910