Tompkins v. Lamb
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Kay Tompkins, from an order of the Supreme Court, made at the Chemung Trial Term and entered in the office of the clerk of the, county of Chemung on the 5th day of November, 1906, setting aside the verdict of a jury in favor of the plaintiff and granting the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, P. J.:
In 1902 the plaintiff made a contract with the defendant by which the defendant’s corporation agreed to furnish to the plaintiff a cemetery monument consisting of a Latin cross resting upon a Calvary of three steps “ to be executed in best white Westerly granite as per designs and lúodels seen and approved.” By oral contract between the parties the defendant was to furnish a double headstone according to a certain design and model which was to be of the same quality of granite. The contract price of this work was $1,375, $1,025 for the cross and $350 for the headstone. By the…
2Cases cited7 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Norton v. . DreyfussNew York Court of Appeals · 1887
- Wells v. AbernethySupreme Court of Connecticut · 1824
- Freeman v. CluteNew York Supreme Court · 1848
- Taylor v. . SaxeNew York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lamb v. . Norcross Brothers Co.New York Court of Appeals · 1913
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- Hurley Gasoline Co. v. Johnson Oil Ref. Co.Supreme Court of Oklahoma · 1926
- Plumb v. J. W. Hallauer & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Sussman v. Mitsui & Co.Washington Supreme Court · 1921
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