Hubert v. Aitken
New York Court of Common Pleas
Appeal from judgment on report of Edward Patterson, Referee. Action by Philip G. Hubert, Jones W. Pirsson, and W. J. Hoodless against John W. Aitken for the balance alleged to be due for services as architects in the construction of an apartment house.
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Appeal from judgment on report of Edward Patterson, Referee. Action by Philip G. Hubert, Jones W. Pirsson, and W. J. Hoodless against John W. Aitken for the balance alleged to be due for services as architects in the construction of an apartment house. The house was designed to be heated by steam, and defendant interposed a counter-claim for damages resulting from the inadequacy of th.e chimney for the purposes of the steam-heating system, Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtVan Hoesen, J.
The learned referee, in answer to the twenty-eighth request of the defendant, has found that the sectional area of the boiler flues for the building was 404 inches; that the sectional area of the chimney flues designed to receive the smoke and gases from the boiler fires was, at its base, Where it was entered by the boiler flue, 272 inches; that the area provided by said chimney was inadequate for the service of said boiler fires; that by reason of the inadequacy of the said chimney flue the proper combustion of the coal in said boiler fires could not be secured; that to supply the deficiency…
2Cases cited1 opinion
- Westerlo v. . De WittNew York Court of Appeals · 1867
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