Duplex Safety Boiler Co. v. . Garden
New York Court of Appeals
Appeal from, judgment of the General Term of tbe Supreme Court in the second judicial department, entered upon an order made February 12, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was upon a contract, the nature of which, .and the material facts are stated in the opinion.
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Appeal from, judgment of the General Term of tbe Supreme Court in the second judicial department, entered upon an order made February 12, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was upon a contract, the nature of which, .and the material facts are stated in the opinion. Whether defendants were satisfied that the boilers as repaired were a success or not was, under tbe contract, for defendants alone to decide, and it was incumbent upon plaintiff to show they were so satisfied. (McCarren v. McNulty, 7 Gray, 139; Brown v. Foster, 113 Mass. 136;…
1Opinion of the Court
Baeeorth, J".
The plaintiff sued to recover $700, the agreed price, as it alleged, for materials furnished and work done for the defendants at their request. The defense set up was that the work was done under a written contract for the alteration of certain boilers, and to be paid for only when the defendants “ were satisfied that the boilers as changed were a success.” Upon the trial it appeared that the agreement between the parties was contained in letters, by the first of which the defendants said to plaintiff: “ You may alter our boilers, changing all the old sections for your new…
2Cases cited7 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Gibson v. CranageMichigan Supreme Court · 1878
- Tyler v. AmesNew York Supreme Court · 1872
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