Jacob Dold Packing Co. v. Kings County Refrigerating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kings County Refrigerating Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of January, 1916, upon the decision of the court after a trial at the Kings County Special Term. The judgment enjoined defendant from discontinuing refrigeration to the plaintiff, and appointed a referee to take proof.
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Appeal by the defendant, Kings County Refrigerating Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of January, 1916, upon the decision of the court after a trial at the Kings County Special Term. The judgment enjoined defendant from discontinuing refrigeration to the plaintiff, and appointed a referee to take proof. On May 16, 1910, the defendant contracted to supply refrigeration, through a system of pipes, to plaintiff’s cold storage “boxes” or compartments of “ about 26,946…
1Opinion of the Court
Putnam, J.:
The learned argument for appellant ignores the weighty, indeed controlling, effect of the practical construction of the mutual rights under this contract, as made, acquiesced in and settled. during the five years of defendant’s service. The interior compartment styled a “ freezer” carried a lower temperature. But, being surrounded by refrigerated space, apparently a temperature for this small chamber of twenty degrees was not difficult to maintain. Certainly a demand for extra compensation first hinted at in 1915 ignored what had been settled and lived under by the parties during…
2Cases cited5 opinions
- Watts v. CamorsSupreme Court of the United States · 1885
- McEntee v. . Kingston Water Co.New York Court of Appeals · 1900
- Robinson v. Noble's AdministratorsSupreme Court of the United States · 1834
- Kelly v. VarnesAppellate Division of the Supreme Court of the State of New York · 1900
- Ashburner v. . BalchenNew York Court of Appeals · 1852
3Cited by5 opinions
- Epperson v. StaceySupreme Court of Alabama · 1957
- Stewart v. Kuskin & Rotberg, Inc.Court of Appeals of Texas · 1937
- Pyrate Corp. v. SorensenCourt of Appeals for the Ninth Circuit · 1930
- Paulmyra Holding Corp. v. Second Church of Christ ScientistNew York Supreme Court · 1941
- Jacob Dold Packing Co. v. Kings County Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1917