Isbell-Porter Co. v. Heineman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac Heineman, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered .in the office of the clerk of the county of New York on the 29th day of November, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to two separate defenses set up in the amended answer.
1Opinion of the Court
Houghton, J.:
By its complaint the plaintiff alleges that it entered into a contract with the defendant for the installing of a refrigerating plant *80at the agreed price of $5,000, under a specific guaranty as to the efficiency of the. plant-, when completed; that it was installed, áccord- ' ihg to specifications, and that Upon test, owing to adverse conditions for which the defendant was responsible, only ninety per cent of the duty required by the. guaranty was shows.- Then follow allegations that the defendant took possession of the plant as erected, accepted and used the same for nearly…
2Cases cited8 opinions
- Day v. . PoolNew York Court of Appeals · 1873
- Abbey v. . WheelerNew York Court of Appeals · 1902
- Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Rochevot v. WolfAppellate Division of the Supreme Court of the State of New York · 1904
- Cooper v. PayneAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by5 opinions
- O. C. Barber Mining & Fertilizing Co. v. Brown Hoisting Machinery Co.Court of Appeals for the Sixth Circuit · 1919
- Condict v. . Onward Construction Co.New York Court of Appeals · 1913
- Isbell-Porter Co. v. HeinemanAppellate Division of the Supreme Court of the State of New York · 1908
- Schwartz v. Macrose Lumber & Trim Co.New York Supreme Court · 1966
- Sand v. Kenney Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1909