Strong v. Waters
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Barzelle H. Strong, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 6th day of March, 1897, upon the report of a referee. The action was brought to recover under a written - contract to drill a well for defendant.
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Appeal by the plaintiff, Barzelle H. Strong, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 6th day of March, 1897, upon the report of a referee. The action was brought to recover under a written - contract to drill a well for defendant. That part of the contract material to the questions presented reads as follows: “ Witnesseth, party of the first part agrees to drill a well for party of the second part at $2.50 a foot and furnish pipe for pump without charge, and is to be relieved from all responsibility…
1Opinion of the Court
Parker, P. J.:
Upon the trial of this action the referee allowed the negotiations of the parties, prior to" the execution of the written contract, and also their subsequent conduct under it, to "be given in evidence on the part of the defendant and under the plaintiff’s objections. . He stated that he did not receive it for the purpose of altering or modifying the written contract, and he has found as a fact that the written contract was the. only one made between the parties. Nevertheless, lie.has found that the plaintiff did not complete the well, and has, therefore, dismissed the complaint…
2Cases cited1 opinion
- Strong v. WatersNew York Supreme Court · 1894
3Cited by2 opinions
- Wolff Truck Frame Co. v. American Steel FoundriesCourt of Appeals for the Seventh Circuit · 1912
- Howard v. BreitungAppellate Division of the Supreme Court of the State of New York · 1916