Hummel v. Stern
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Isaac Stern and others, from a judg- . ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of January, 1897, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
By the contract upon which this action is brought the plaintiff agreed to furnish and set up certain ventilating machinery upon the ¿premises of the defendants. The written contract contains these words: “We guarantee to ventilate receiving room to your satisfaction, otherwise we will remove wheel and other material without cost to you.” The plaintiff sued for the price agreed to be paid as stated in the contract, and alleged full performance of such contract. The defendants set up as a defense that the plaintiff wholly failed to make good his offer or guaranty or “ to ventilate…
2Cases cited9 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Gibson v. CranageMichigan Supreme Court · 1878
- Doll v. . NobleNew York Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fitzmaurice v. Van Vlaanderen MacHine Co.Supreme Court of New Jersey · 1971
- Fursmidt v. Hotel Abbey Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1960
- Alper Blouse Co. v. E. E. Connor & Co.New York Court of Appeals · 1955
- Kidder Press Co. v. J. V. Reed & Co.Court of Appeals of Kentucky · 1909
- Trowbridge v. City of New YorkNew York Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.