Wood v. Carleton
New York Supreme Court
Appeal from judgment on report of referee. Action by Augustus G. Wood and William G. Percival against James Carleton. In the fall of 1882 plaintiffs agreed with defendant to manufacture and deliver to him at his mill in Camden a turbine water-wheel, for the price of $300. The wheel was manufactured and delivered about the 9th February, 1833. Defendant, on the 24th May, 1883, by note, which was afterwards paid, paid on the price the sum of $200. This action was brought in…
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Appeal from judgment on report of referee. Action by Augustus G. Wood and William G. Percival against James Carleton. In the fall of 1882 plaintiffs agreed with defendant to manufacture and deliver to him at his mill in Camden a turbine water-wheel, for the price of $300. The wheel was manufactured and delivered about the 9th February, 1833. Defendant, on the 24th May, 1883, by note, which was afterwards paid, paid on the price the sum of $200. This action was brought in July, 1885, to recover the balance of the price, together with several small items of account. Defendant, in his answer, by…
1Opinion of the CourtMerwin, J.
The evidence authorizes the finding that plaintiffs warranted that the wheel should be of the capacity stated, and that there was a breach of such warranty. The plaintiffs claim the wheel was not properly set, but the evidence warrants the conclusion of the referee that it was set substantially as the plaintiffs directed. The plaintiffs claim there was no warranty except as coupled with the condition that the wheel should be tried within 30 days, and, if not satisfactory, or made satisfactory, then to be returned. Whether there was such a condition was a question of fact for the referee to…
Also in this document: Concurrence.
2Cases cited5 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Brown v. . FosterNew York Court of Appeals · 1888
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
- Edwards v. CollsonNew York Supreme Court · 1871
- Rogers v. BeardNew York Supreme Court · 1861
3Cited by1 opinion
- Kleinhans v. WhitingNew York Supreme Court · 1890