Thorp v. Ross
New York Court of Appeals
Japhefc M. Thorp and others, sued Angus Ross, in the supreme court, for money paid. Plaintiffs were masons, and made a written contract to erect houses on defendant’s land, for a specified sum in gross. The specifications required the construction of a drain from each house, to connect with the sewer. A city ordinance imposed a license fee of ten dollars for each drain thus constructed.
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Japhefc M. Thorp and others, sued Angus Ross, in the supreme court, for money paid. Plaintiffs were masons, and made a written contract to erect houses on defendant’s land, for a specified sum in gross. The specifications required the construction of a drain from each house, to connect with the sewer. A city ordinance imposed a license fee of ten dollars for each drain thus constructed. The plumber employed by plaintiffs paid the fifty dollars to the city, on tapping the sewer, and plaintiffs reimbursed him, and now sought to recover the amount from defendant. At the trial, after proof of…
1Opinion of the Court
By the Court.
Woodruff, J.
The judgment herein cannot, I think, be sustained upon the grounds upon which the decision was placed by the referee, or by the supreme court, to wit, that the parol agreement of the plaintiffs to pay the license fee for tapping the sewer, made cotemporáneously with the execution of the written agreement, was binding upon them though not included in the writing, because it was a separate or collateral undertaking..The defendant -agreed, in writing, to pay to the plaintiffs four thousand seven hundred dollars, and no more.
The plaintiffs, on the other hand, agreed, by…
2Cited by1 opinion
- Perlmutter v. Timely Toys, Inc.Appellate Division of the Supreme Court of the State of New York · 1959