Case v. Phœnix Bridge Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Superior Court of the city of Kew York, entered upon an order made December 1, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The parties to this action entered into a written agreement as follows: "Memorandum of agreement made this 24th day of April, 1884, between the Phcenix Bridge Company of the first part, and M. A. Case, of Brooklyn, Kings county, of the second part.
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Appeal from judgment of the G-eneral Term of the Superior Court of the city of Kew York, entered upon an order made December 1, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The parties to this action entered into a written agreement as follows: "Memorandum of agreement made this 24th day of April, 1884, between the Phcenix Bridge Company of the first part, and M. A. Case, of Brooklyn, Kings county, of the second part. M. A. Case hereby agrees to sink about 154 Phcenix Wrought iron piles, about ten feet deep, into the sand for an iron pier at Cape…
1Opinion of the CourtBrown, J.
The judgment awarded by the referee to the
plaintiff was predicated upon a breach of the contract by defendant in two respects. First, the failure to deliver the iron called for by the plans and specifications in sufficient quantity, or as rapidly as the progress of the work required; and, second, the failure to lay the floor of the pier as fast as it was practicable to do it.
The appellant contends that it was not liable for the delay in the laying of the floor of the pier, and if this contention is sound the judgment must be reversed, as it is impossible to determine what portion of the…
2Cases cited1 opinion
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
3Cited by21 opinions
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- Warner v. MarshallIndiana Supreme Court · 1905
- Emmett v. . PenoyerNew York Court of Appeals · 1897
- Smith Sand & Gravel Co. v. CorbinWashington Supreme Court · 1914
- Brantingham v. . HuffNew York Court of Appeals · 1903
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