Smith v. Servis
New York Supreme Court
Appeal from special term, Yew York county; Barrett, Justice. Action by George D. Smith against M. Edwin Servís. From an order granting defendant’s motion to change the place of trial from Yew York county to Monroe county plaintiff appeals.
1Opinion of the CourtDaniels, J.
The action is to recover damages for the incomplete performance of an agreement to construct counters, tables, and show-cases by the defendant for the plaintiff. A contract in writing was made for the manufacture, completion, and delivery of the articles. This contract was made at the city of Rochester, and the work was to be, and was in fact, there performed, and the articles were delivered on board of cars at that city, as the contract provided they should be, for the plaintiff. But in support of his action he has alleged in the complaint that these articles were not completed as the…
Also in this document: Concurrence.
2Cited by1 opinion
- Solberg v. Ft. Orange Const. Co.New York Supreme Court · 1913