Doyle v. . Rector, Etc., Trinity Church
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an ■order made May 11, 1891, which affirmed a judgment in favor of plaintiff, entered upon the decision of a referee. This action was brought to recover a balance claimed to be due upon a contract by Jesse Button, plaintiff’s assignor, to build an artesian well for defendant, and for services in repairing damages thereto, caused by the explosion of a torpedo.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an ■order made May 11, 1891, which affirmed a judgment in favor of plaintiff, entered upon the decision of a referee. This action was brought to recover a balance claimed to be due upon a contract by Jesse Button, plaintiff’s assignor, to build an artesian well for defendant, and for services in repairing damages thereto, caused by the explosion of a torpedo. The facts, so far as material, are stated in the opinion. The refusal of defendant to pay Button what was due him was entirely…
1Opinion of the Court
Earl, Ch. J.
The record in this case doe's not contain the evidence given upon the trial, and, therefore, the findings of fact by the referee must be taken as undisputed and true.
Jesse Button, plaintiif’s assignor, made a contract with the defendant to sink an artesian well. He fully performed his contract, and there was a balance due him for his work of about $450.
After Button had completed his contract, at the suggestion of A. E. Both, the defendant made a contract with Mr. Siegle to explode a torpedo in the well to improve the flow of water, for which it agreed to pay him twenty-five…
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