Legal Opinion

Sweezy v. . O'Rourke

New York Court of Appeals

Decided May 20, 1919PublishedCited by 8 opinions

Appeal from a judgment entered April 22, 1916, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by. the court and directing a dismissal of the complaint.

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Appeal from a judgment entered April 22, 1916, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by. the court and directing a dismissal of the complaint. On May 27, 1912, the assignor of the plaintiff and the defendant entered into a contract, evidenced by an offer in the form of a letter to the defendant’s husband, who was acting for her, and which offer was accepted in the defendant’s behalf by a written statement thereon. The letter and statement are as follows: “ Mr.…

1Opinion of the CourtChase, J.

In determining the rights of the parties it is necessary to answer two questions:

1. Was it the intention of the parties to the contract that nothing should be paid for drilling the well unless fresh water was reached?

That is a question of law to be determined by the court from the contract and the surrounding circumstances.

2. Did the contractor drill the well until the pipe reached water-bearing gravel?

That is a question of fact to be submitted to a jury.

Prior to making the contract fresh water had been obtained through a well driven to a depth of about two hundred feet on property in the…

2Cases cited4 opinions

  1. Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
  2. Littrell v. WilcoxMontana Supreme Court · 1891
  3. Omaha Consolidated Vinegar Co. v. BurnsNebraska Supreme Court · 1896
  4. Miller v. Layne & Bowler Co.Court of Appeals of Texas · 1912

3Cited by8 opinions

  1. United States of America for Use of N. Maltese and Sons, Inc., Cross v. Juno Construction Corp. And Insurance Company of North America, CrossCourt of Appeals for the Second Circuit · 1985
  2. Davis v. MerrickNew Mexico Supreme Court · 1959
  3. O'HAIRE v. BretonSupreme Court of New Hampshire · 1960
  4. MacDowell-Peterman Co. v. Independent Packing Co.Appellate Division of the Supreme Court of the State of New York · 1925
  5. Barnes v. SelvageAlabama Court of Appeals · 1960

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