Ready v. J. L. Fulton Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. L. Fulton Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 21st day of October, 1901, upon the verdict of a jury, and also from an older entered in said clerk’s office on the 13th day of November, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J. :
The judgment and order should be affirmed, with costs.
The action was brought to recover the purchase price of stone delivered, and damages for refusal to accept other stone under a contract between the parties.
The defendant having entered into an agreement with other parties to construct the abutments and piers of the bridges, and to do other stone work upon the Terminal Railway of Buffalo, made the contract in question with the plaintiff August 2, 1897, wherein it was provided, among other things, as follows: “ Hr. Ready agrees to furnish and the J. L. Fulton Company agrees to…
2Cases cited1 opinion
- Miller v. LeoAppellate Division of the Supreme Court of the State of New York · 1898