Legal Opinion

Wiles v. Provost

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 6 opinions

Appeal by the defendants, John 0. Provost and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the 1st -day of October, 1883, upon the report of a referee.

1Opinion of the Court

Brown, P. J.:

This action was brought to recover upon a contract whereby the plaintiffs agreed to manufacture for the defendants and put up on their brickyard at Fresh Pond, L. I., a steam engine, three brick making machines, two tempering wheels, including shafts, belts, pulleys and other machinery necessary upon a brickyard. The various articles specified in - the contract were manufactured and . delivered and put up on the brickyard in the month of July, 1873, and thereafter were put-in use by the defendants in the manufacture of brick. The contract specified $3,200 as the price for the…

2Cases cited4 opinions

  1. Smith v. . BradyNew York Court of Appeals · 1858
  2. Reed v. . RandallNew York Court of Appeals · 1864
  3. Glacius v. . BlackNew York Court of Appeals · 1872
  4. Chambers v. LancasterAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by6 opinions

  1. Ellison v. CreedAppellate Division of the Supreme Court of the State of New York · 1898
  2. D. M. Osborne & Co. v. BirdsallAppellate Division of the Supreme Court of the State of New York · 1901
  3. Smith v. HedgesNew York Supreme Court · 1915
  4. Ellison v. CreedAppellate Division of the Supreme Court of the State of New York · 1898
  5. Wilmerding v. FeldmanAppellate Terms of the Supreme Court of New York · 1906

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