Wolfe v. . Howes
New York Court of Appeals
Appeal from the Supreme Court. The complaint contained the common counts only for work, labor and services done by Nicholas Vache, the testator, for the defendants. The defendants denied the facts averred in the complaint, and set up as a separate defence that the work was done under a special contract not performed by Yache in his lifetime, and claimed damages for the breach of the contract on his part.
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Appeal from the Supreme Court. The complaint contained the common counts only for work, labor and services done by Nicholas Vache, the testator, for the defendants. The defendants denied the facts averred in the complaint, and set up as a separate defence that the work was done under a special contract not performed by Yache in his lifetime, and claimed damages for the breach of the contract on his part. The defendants had for nine years previous to May, 1852, been engaged as partners in carrying on the business of making glass at the Dunbarton glass-works, of which they were the proprietors,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] There can be little doubt, I think, that the contract with Vache contemplated his personal services. This is evident, both from the nature of the business and the amount of compensation agreed to be paid him. It is also manifest from the evidence on both sides. The business of pot-making required skill and experience. It was an art to be acquired after much study and labor, and which Vache seemed to have accomplished. The execution of the work required his…
2Cases cited10 opinions
- Beebe v. JohnsonNew York Supreme Court · 1838
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Sickels v. PattisonNew York Supreme Court · 1835
- Carpenter v. StevensNew York Supreme Court · 1834
- Fenton v. ClarkSupreme Court of Vermont · 1839
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3Cited by85 opinions
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- Spalding v. . RosaNew York Court of Appeals · 1877
- Tipton v. . FeitnerNew York Court of Appeals · 1859
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