Pneumatic Signal Co. v. Texas & Pacific Railway Co.
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the’ Supreme Court in the fourth judicial department, entered June 29, 1909, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment of the Appellate Division of the’ Supreme Court in the fourth judicial department, entered June 29, 1909, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff complied with the three provisions of its contract with defendant, the performance of which were conditions precedent to its right of recovery against defendant, and it was error for the court to direct a verdict against plaintiff. (U.…
1Opinion of the CourtWillard Bartlett, J.
This is an action. on a contract whereby the plaintiff undertook to construct and install for the defendant at Texarkana, Texas, a system of electric interlocking railroad signals for $16,650, which was not to be paid, however, unless the plant should be accepted by the railroad commission of Texas. The plaintiff did not aver or prove such acceptance but, nevertheless, claimed to recover the stipulated compensation on the ground that the failure of the railroad commission to approve the device was due solely to the omission of the defendant to make certain additions and improvements to the…
2Cases cited3 opinions
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- First National Bank v. . DanaNew York Court of Appeals · 1879
- Stone v. . FlowerNew York Court of Appeals · 1872
3Cited by5 opinions
- Alderman v. Central New York Arterial Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Pneumatic Signal Co. v. Texas & Pacific Railway Co.New York Court of Appeals · 1915
- Halpern v. StateNew York Court of Claims · 1953
- Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1912
- Stevens v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1918