Lord Electric Co. v. Barber Asphalt Paving Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1917, afiirming a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtPound, J.
The city of New York constructed the Manhattan bridge over the East river. After the structural construction work of masonry and steel had progressed sufficiently, it entered into a contract with plaintiff for surface construction work, including railings, stairways, pavements, track and electrical equipment. The contract price was about $400,000. Plaintiff in turn entered into an agreement with defendant to furnish all labor and materials for asphalting called for by its contract. The price was about $11,000. In and by the latter agreement it was “ expressly understood and agreed that with…
2Cases cited4 opinions
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Lord Electric Co. v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Lord Electric Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Lord Electric Company v. . the City of New YorkNew York Court of Appeals · 1916
3Cited by4 opinions
- Touchette Corp. v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Niagara Mohawk Power Corp. v. Stone & Webster Engineering Corp.District Court, N.D. New York · 1989
- Matusow v. Camp OrinsekwaCity of New York Municipal Court · 1935
- Oates v. City of RochesterNew York Supreme Court · 1955