Thomas v. . Gage
New York Court of Appeals
Appeal from jndgmentpf the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from jndgmentpf the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting in evidence the letter of John L. Miller, assignor of the plaintiff, dated June 6, 1890. (Stephens v. Vroman, 16 N. Y. 381; Learned v. Tillotson, 97 id. 1; Fairlie v. Denton, 3 C. & P. 103; Waring v. U. S. T. Co., 4…
1Opinion of the Court
Andrews, Ch. J.
By the written contract of January 20th, 1890, for an alleged breach of which the action is brought, the firm of Thomas & Miller were to make and erect for the defendant a monument to be placed in the cemetery grounds in Saratoga Springs, according to a design of the “ Argersigner ” monument, of which a photograph was furnished by Thomas & Miller to the defendant. The contract contained this provision : “ Mr. Gage is to inspect model when made in clay, and it is to be made to his entire satisfaction.” Thomas & Miller made a clay model of the monument, and in April, 1890, the…
2Cases cited1 opinion
- Learned v. . TillotsonNew York Court of Appeals · 1884
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- Viele v. . McLeanNew York Court of Appeals · 1910
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