Case v. Phœnix Bridge Co.
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by Margaret A. Case against the Phoenix Bridge Company to recover. Plaintiff and defendant entered into an agreement, whereby the plaintiff agreed to sink about 154 wrought-iron piles for an iron pier at Cape May, N. J. , and to place and. secure iron transverse girders on top of the piles, and to put in place the transverse and lateral rods and struts designated in the plans and specifications which accompanied the…
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Appeal from judgment on report of referee. Action by Margaret A. Case against the Phoenix Bridge Company to recover. Plaintiff and defendant entered into an agreement, whereby the plaintiff agreed to sink about 154 wrought-iron piles for an iron pier at Cape May, N. J. , and to place and. secure iron transverse girders on top of the piles, and to put in place the transverse and lateral rods and struts designated in the plans and specifications which accompanied the agreement, and that all such work should be performed in 80 days after iron sufficient therefor had been delivered, provided the…
1Opinion of the CourtTruax, J.
The amended complaint contained three causes of action: One to recover the amount due on a contract, another to recover for certain extra work, and the third to recover for damages sustained by plaintiff because of the failure of defendant to perform certain conditions of said contract on its part. The defendant allowed judgment to be entered againstiton the first two causes of action, but defended as to the third cause of action. It was held on a former appeal (55 N. Y. Super. Ct. 25) that the complaint, (as to the third cause of action,) in effect,' alleged that plaintiff and the force she…
2Cited by2 opinions
- Breckenridge v. Hearne Timber Co.Supreme Court of Arkansas · 1918
- Robeson v. Central Railroad of New JerseyNew York Supreme Court · 1894