Sweezy v. . O'Rourke
New York Court of Appeals
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
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Littrell v. WilcoxMontana Supreme Court · 1891
- Omaha Consolidated Vinegar Co. v. BurnsNebraska Supreme Court · 1896
- Miller v. Layne & Bowler Co.Court of Appeals of Texas · 1912
3Cited by8 opinions
- 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
- Davis v. MerrickNew Mexico Supreme Court · 1959
- O'HAIRE v. BretonSupreme Court of New Hampshire · 1960
- MacDowell-Peterman Co. v. Independent Packing Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Barnes v. SelvageAlabama Court of Appeals · 1960
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