Townsend v. Empire Stone-Dressing Co.
The Superior Court of New York City
Appeal from a judgment entered upon the decision of a referee, against the plaintiff, for the sum of $4097, in favor of the defendants, the Masterton’s Company, and for costs in favor of the other defendants.
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Appeal from a judgment entered upon the decision of a referee, against the plaintiff, for the sum of $4097, in favor of the defendants, the Masterton’s Company, and for costs in favor of the other defendants. The plaintiff entered into an agreement under seal, with the Empire Stone-Dressing Company to furnish and deliver to him brown stone, cut and dressed as required by plans and specifications furnished by the plaintiff to them at the price of $26,000, said stone to be delivered at the corner of Fifth avenue and Thirty-fourth street, in the city of New York, and to be furnished as fast as…
1Opinion of the CourtBy the Court. Hoffman, J.
The impressions of the referee may be treated as positive findings of facts. This case would then be presented—that the stone was not furnished as fast as the contract required; that the testimony of the witness Sandford is admissible, and that such testimony proves that the plaintiff did waive any claim for damages arising from such delay to suppiy it.
1st. The first question is, whether the evidence of Sandford, or any evidence short of a sealed instrument, is competent to prove a waiver of the covenant to furnish the stone ? The next, on the assumption of its admissibility, is, whether any…
2Cases cited2 opinions
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Craig v. TappinNew York Court of Chancery · 1844
3Cited by14 opinions
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1860
- Townsend v. ToddSupreme Court of the United States · 1876
- Tallman v. EarleNew York Court of Common Pleas · 1891
- Turbeville v. GibsonTennessee Supreme Court · 1871
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