Inman v. F. N. Burt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the F. N. Burt Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Montgomery on the -16th day of July, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of July, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Sewell, J.:
The complaint alleges that on or about the 1st day of November, 1906, the plaintiffs sold and delivered a machine, known as a lining and drying machine, for which the defendant promised and agreed to pay the sum of $1,100.
The, plaintiffs attempted to establish the liability of the defendant by proof showing that in January, 1904, they entered into an agreement with one Fred N. Burt, whereby they were to manufacture, erect and complete the machine in question for the. sum of $1,100, which Burt agreed to pay; that the machine was constructed and set up in Burt’s factory about March…
2Cases cited3 opinions
- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
- Ryan v. PistoneNew York Supreme Court · 1895
3Cited by10 opinions
- Vassardakis v. ParishDistrict Court, S.D. New York · 1941
- Rogers v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1926
- General Meter Service Corp. v. Manufacturers Trust Co.New York Supreme Court · 1943
- Acetate Box Corp. v. JohnsenNew York Supreme Court · 1948
- Tel-Hotel Corp. v. Lexnott Corp.New York Supreme Court · 1953
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