Phillip v. . Gallant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 1 Hun, 528; 3 T. & 0., 618.) This action was brought upon an alleged contract between David Phillip, plaintiff’s assignor, and the defendant, for the completion of a house by Phillip, for the defendant. The making of the contract was denied.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 1 Hun, 528; 3 T. & 0., 618.) This action was brought upon an alleged contract between David Phillip, plaintiff’s assignor, and the defendant, for the completion of a house by Phillip, for the defendant. The making of the contract was denied. The referee found, in substance, that prior to the contract in question two contracts had been made between the parties for building the house; that a dispute…
1Opinion of the Court
Church, Ch. J.
The appellant insists that she is not bound by the contract of twenty-second of February, in respect to completing the building, for the reason that she supposed it contained a provision requiring the plaintiff’s assignor to remedy defects which she alleged had occurred in the work done under previous contracts, and that she never agreed to the terms of this contract.
The referee, in his original report, found that the defendant, who does not understand English perfectly, was informed by one Trudo, who was present at the time, that by this new agreement David Phillip was bound to…
2Cases cited5 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Glacius v. . BlackNew York Court of Appeals · 1872
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Johnson v. . De PeysterNew York Court of Appeals · 1872
3Cited by57 opinions
- Larkin v. . Nassau Electric R.R. Co.New York Court of Appeals · 1912
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Leeds v. LittleSupreme Court of Minnesota · 1890
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