Patterson Gas Governor Co. v. Lichtenstein Bros.
New York Court of Common Pleas
Appeal from eighth district court. Action by the Patterson Gas Governor Company against Lichtenstein Bros. Company. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtBookstaver, J.
This action is brought to recover the purchase price of a gas governor furnished by plaintiff to defendant. Defendant’s promise to pay was made upon the express condition that the gas governor would demonstrate after 30 days’ trial a saving of from 15 to 40 per cent in the consumption of gas. A contract similar in all respects to the one under consideration on this appeal, except as to the length of time for trial allowed, was before us in Gas Governor Co. v. Glenby, 4 Misc. Rep. 532, 24 N. Y. Supp. 575, and there we held the burden of proving the performance of the condition rested upon the…
2Cases cited2 opinions
- Schwartz v. WechlerNew York Court of Common Pleas · 1892
- Patterson Gas Governor Co. v. GlenbyNew York Court of Common Pleas · 1893
3Cited by3 opinions
- Hardegg v. WillardsNew York Court of Common Pleas · 1895
- Greene v. ShainAppellate Terms of the Supreme Court of New York · 1898
- Gwillim v. SmithAppellate Terms of the Supreme Court of New York · 1899