Davis v. Talcott
New York Supreme Court
This action was brought to recover damages for breach of a contract entered into between the plaintiffs and defendants, by which the defendants agreed with the plaintiffs to take the cylinders then used by the plaintiffs at their mills at Youngstown, and lay them down on new cast iron frames, furnishing all new connections, flywheel, with a good and suflicient copper flue heater with all eccentrics, &c. and to put the same in a well finished workmanlike manner, of suflicient…
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This action was brought to recover damages for breach of a contract entered into between the plaintiffs and defendants, by which the defendants agreed with the plaintiffs to take the cylinders then used by the plaintiffs at their mills at Youngstown, and lay them down on new cast iron frames, furnishing all new connections, flywheel, with a good and suflicient copper flue heater with all eccentrics, &c. and to put the same in a well finished workmanlike manner, of suflicient strength and size to correspond with said cylinder; to furnish cast iron pipes from the exhaust to the heater and also…
1Opinion of the CourtTaggart, P. J.
The questions arising in this case may be reduced to four separate propositions only. First. Do the former judgment and-proceedings between the same parties constitute a bar to this action? Second. Was it competent for the plaintiffs to prove the conversation between the parties which took place after the written contract was made, as to the time within which the contract was to be completely performed, for the purpose of showing, as between the parties, what was regarded as a reasonable time ? Third. Whether the questions put to the witness Westcott, as to difference in value, was competent?…
2Cases cited4 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Blanchard v. ElyNew York Supreme Court · 1839
- Brewster v. CountrymanNew York Supreme Court · 1834
- Dewint v. WiltseNew York Supreme Court · 1832
3Cited by13 opinions
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- John Hutchinson Manufacturing Co. v. PinchMichigan Supreme Court · 1892
- Wolcott, Johnson & Co. v. MountSupreme Court of New Jersey · 1875
- Western Union Telegraph Co. v. GrahamSupreme Court of Colorado · 1871
- Estell v. MyersMississippi Supreme Court · 1876
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