Legal Opinion

Duffus v. Howard Furnace Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 15 opinions

Appeal by the defendant, the Howard Furnace Company, from n judgment of the County Court of’ the county of Onondaga in favor of the plaintiff, entered in the office of the clerk of the comity ■of Onondaga on the 14th day of January, 1896, upon the decision of the court rendered upon an appeal from a judgment in favor of the defendant, rendered in the Municipal Court of Syracuse. The action was brought to recover the value of what is known as a portable furnace.

1Opinion of the Court

Ward, J.:

John Schaffer, of the city of Syracuse, was, on the 8th day of October, 1891, the owner of lot 21, in block Ho. 613, in the city of Syracuse, said lot being forty feet front and eight rods deep. Upon this lot a new house was constructed by Schaffer, and a portable furnace put therein by the defendant, under a contract between Schaffer and the defendant, whereby the defendant was to be paid for the furnace $155 on the following March. The contract was in writing and was signed in duplicate, and contained this clause: “ The furnace, together with all material furnished by the first…

2Cases cited16 opinions

  1. Ford v. . CobbNew York Court of Appeals · 1859
  2. Ballard v. . BurgettNew York Court of Appeals · 1869
  3. Voorhees v. . McGinnisNew York Court of Appeals · 1872
  4. Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
  5. Jewett v. PalmerNew York Court of Chancery · 1823

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3Cited by15 opinions

  1. Union Stove Works v. KlingmanAppellate Division of the Supreme Court of the State of New York · 1897
  2. Colton Improvement Co. v. RichterNew York Supreme Court · 1899
  3. Kerby v. ClappAppellate Division of the Supreme Court of the State of New York · 1897
  4. Andrews v. PowersAppellate Division of the Supreme Court of the State of New York · 1901
  5. Kommel v. Herb-Gner Construction Co.Appellate Division of the Supreme Court of the State of New York · 1930

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