Friedman Marble & Slate Works, Inc. v. Whitcomb
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Friedman Marble and Slate Works, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 6th day of June, 1917, dismissing the complaint at the opening upon the decision of the court.
1Opinion of the Court
Smith, J.:
The action is brought for the. reformation of a contract between plaintiff and defendant and for a recovery upon the contract as reformed. The contract was to furnish certain marble for the repair of defendant’s place of business. Annexed to the contract were certain specifications which were made a part of the contract. Among those specifications was the proposal to furnish 1,200 square feet of light pink Tennessee floor tile. There were then further specifications of marble to be furnished, and finally is the specification: “ 143 lineal feet of approximately 20 inches wide floor…
2Cases cited6 opinions
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Wood v. . AmoryNew York Court of Appeals · 1887
- Rider v. . PowellNew York Court of Appeals · 1863
- Woolsey v. SunderlandAppellate Division of the Supreme Court of the State of New York · 1900
- Arlt v. WhitlockAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Phlodur, Inc. v. Lewis Apparel Stores, Inc.New York Supreme Court · 1947
- Unger v. WeisnerNew York Supreme Court · 1927