Jonap v. Siebert
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of .Manhattan, First District. Action by Louis Jonap against Joseph H. Siebert and another. From a judgment for defendants, after trial without a jury, plaintiff appeals. Reversed, and new trial granted.
1Opinion of the CourtBijur, J.
Plaintiff installed under a written contract in defendants’ house a water pump, and sues for the balance of the purchase price. The pump was installed prior to September, 1912, and defendants used the same, apparently continuously, until the city’s water pressure made it unnecessary, some two months later. The defense is that the pump “ran hot” because its shaft was out of alignment. In view, however, of defendants’ retention and use of the pump, the defense, even if. proved, was unavailing. Logan v. Berkshire Apartment House, 3 Misc. Rep. 296, 22 N. Y. Supp. 776; Turl v. Knabe, 26 Misc. Rep.…
2Cases cited2 opinions
- Logan v. Berkshire Apartment Ass'nNew York Court of Common Pleas · 1893
- Turl v. KnabeAppellate Terms of the Supreme Court of New York · 1899