New York & New Haven Automatic Sprinkler Co. v. Andrews
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by the New York & New Haven Automatic Sprinkler Company against James F. Andrews. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. Transferred from First to Second department.
1Opinion of the CourtCullen, J.
This action was brought to recover the contract price for furnishing to and equipping the defendant’s factory with the dry-pipe system of the automatic sprinkler. The agreement be-. *1021tween the parties was in writing, and consisted of a proposal on the part of the plaintiff and acceptance by the defendant. The proposal provided that the system should be equipped in accordance with the rules and regulations of the New York Board of Fire Underwriters, and that the contract price should be payable after a certificate of approval should have been issued by that board. The plaintiff failed to obtain…
2Cases cited6 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- West v. SmithSupreme Court of the United States · 1879
- Milbank v. . JonesNew York Court of Appeals · 1894
- Chatfield v. . SimonsonNew York Court of Appeals · 1883
- Thomas v. . FleuryNew York Court of Appeals · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schwarzler v. McClenahanAppellate Division of the Supreme Court of the State of New York · 1899