Russell v. Corning Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William P. Russell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 4th day of March, 18^9, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Niagara Trial Term, and also from an order entered in said clerk’s office on the 2d day of June, 1899, denying the plaintiff’s motion for a new trial made upon the…
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Appeal by the plaintiff, William P. Russell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 4th day of March, 18^9, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Niagara Trial Term, and also from an order entered in said clerk’s office on the 2d day of June, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The action is brought to recover damages for breach of contract for failure to provide a furnace to heat the dwelling house of plaintiff in compliance with a written agreement.
The complaint sets forth in substance the agreement whereby the defendant promised to put in the house of plaintiff at Niagara Falls a “ Victor ” furnace for $150, stipulating that it would heat the lower rooms at seventy degrees Fahrenheit in zero weather, and the second floor sixty-five degrees; that the defendant did furnish and put in the furnace and was paid $50 therefor; that said furnace failed to heat…
2Cases cited4 opinions
- Beeman v. . BantaNew York Court of Appeals · 1890
- Laraway v. . PerkinsNew York Court of Appeals · 1852
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
- Laufer v. Boynton Furnace Co.New York Supreme Court · 1895
3Cited by2 opinions
- Denivelle Co. v. Leonard Keil, Inc.New York Supreme Court · 1913
- Ralph B. Carter Co. v. FischerAppellate Terms of the Supreme Court of New York · 1910