Kleinhans v. Whiting
New York Supreme Court
Appeal from special term, Monroe county. - Action by Frederick Kleinhans against Charles L. Whiting and others for damages suffered from a defective steam-boat boiler manufactured for him by defendants, and which they agreed should be satisfactory in every respect, and should pass the government inspector’s test. The boiler was manufactured and delivered in Erie county.
Read the full summary
Appeal from special term, Monroe county. - Action by Frederick Kleinhans against Charles L. Whiting and others for damages suffered from a defective steam-boat boiler manufactured for him by defendants, and which they agreed should be satisfactory in every respect, and should pass the government inspector’s test. The boiler was manufactured and delivered in Erie county. The plaintiff resides in Monroe county, and his steam-boat runs from Charlotte to a summer resort known as “Long Pond,” both in Monroe county. The government inspector’s test, also, was made in Monroe county, and the boiler…
1Dissent
Corlett, J.,
(dissenting.) In January, 1889, the plaintiff made a contract with the defendants for the construction of a boiler for the agreed price of $650, and $18 extra for an ash-pan. The boiler was completed and delivered, and the plaintiff paid $550 of the purchase price to the defendants. The complaint alleges in substance that the. defendants were doing business in the city of Buffalo, under the firm name of George W. Tifft, Sons & Co., and were engaged in the construction and sale of steam-boilers; that the plaintiff resides in Rochester, and is in the months of June, July, August,…
2Cases cited3 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
- Wood v. CarletonNew York Supreme Court · 1889