Tompkins v. Lamb
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Kay Tompkins, from an order of the Supreme Court, made at the Chemung Trial Term and entered in the office of the clerk of the, county of Chemung on the 5th day of November, 1906, setting aside the verdict of a jury in favor of the plaintiff and granting the defendant’s motion for a new trial made upon the minutes.
1DissentCochrane, J.
The written contract for the monument provided “ no payments in advance. One-half when the work is .ready for shipment. Balance when the work is set.” The contract for the headstone was oral, and nothing was said as to the time of payment. As - to both contracts, therefore, except as to the first payment on account of the monument, payment was to be made on completion of the work. It would seem that under such contracts there is implied a reasonable opportunity when practicable for the purchaser to assure himself before payment that the work corresponds to the - contract. While the plaintiff…
2Cases cited11 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Reed v. . RandallNew York Court of Appeals · 1864
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Brown v. . FosterNew York Court of Appeals · 1888
- Sprague v. BlakeNew York Supreme Court · 1838
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