Turl v. Knabe
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendant, rendered in the Municipal Court of the city of Mew York, borough of Manhattan, for the first district.
1Opinion of the CourtLeventritt, J.
This action was brought'to recover the balance of the agreed price of a tank which the plaintiffs contracted to build for the defendant. The defense was that the tank was defective. It appears from the evidence that it was manufactured and delivered in the month of March, 1898, and that upon its immediate use the defendant • discovered that it leaked. TJpon notice the plaintiffs promptly offered to repair the defect. The defendant, however, refused, as he admits, to allow the plaintiffs to interfere with the tank or remedy the fault, for the reason that it would involve an interruption of his…
2Cases cited4 opinions
- Brown v. . FosterNew York Court of Appeals · 1888
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
- Chambers v. LancasterAppellate Division of the Supreme Court of the State of New York · 1896
- Logan v. Berkshire Apartment Ass'nNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Jonap v. SiebertAppellate Terms of the Supreme Court of New York · 1913