New York Smelting & Refining Co. v. Lieb
The Superior Court of New York City
Appeal by plaintiff from judgment entered upon verdict. The plaintiff brought the action for damages for breach of contract by defendant.
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Appeal by plaintiff from judgment entered upon verdict. The plaintiff brought the action for damages for breach of contract by defendant. The important part of the contract made by defendant was, “I agree to build for the New York Smelting & Refining Company, a machine for casting metals in bar, 13 inches long, g of an inch wide, J of an inch thick, with a cooling apparatus ; also one mould and model of machine; and I further agree to have ready and deliver same within two months.” The breach alleged was the non-delivery, the allegation being that the machine which was made did not satisfy…
1Opinion of the Court
The court at General Term said:
“The contract implied an obligation on the part of the defendant to make a machine that should be fit to a reasonable degree, to cast metal into bars (Charlotte, *509Columbia & Augusta R. R. Co. v. Jessup, 44 How. Pr. 447). Under the facts of this case, it was a question for the jury, whether the machine that the defendant made, satisfied his obligation in this respect. Taking the whole charge together, it did not submit this question to the jury; and for that reason, I am of opinion there should be a new trial . . . .”
Leopold Wallach, for appellant. Walsh &…
2Cases cited1 opinion
- Charlotte, Columbia & Augusta R.R Co. v. JesupThe Superior Court of New York City · 1871