Lake v. . McElfatrick
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial department, entered upon an order made June 23, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by plaintiff as assignee of C. F. Lake, to recover damages sustained by reason of defective plans, specifications, drawings and statements made by defendants, a firm of architects.
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Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial department, entered upon an order made June 23, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by plaintiff as assignee of C. F. Lake, to recover damages sustained by reason of defective plans, specifications, drawings and statements made by defendants, a firm of architects. The allegations of the complaint and the facts, so far as material, are set forth in the opinion. Recovery can be had only for…
1Opinion of the CourtMaynard, J.
The compass of our inquiry in this case is restricted within narrow bounds by the form of the pleadings and the admissions contained in them and made upon the trial.
The plaintiff alleges that his assignor, on April 1,1887, was .about to construct an opera house at Titusville, Pa., and desired the services of a competent architect for such purpose; that. the defendants were copartners doing business in blew York city, and that they held themselves out to be, and represented and warranted themselves to be, competent, skilled architects, and particularly skilled in the art and science of making…
2Cases cited2 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Dauchey v. . DrakeNew York Court of Appeals · 1881
3Cited by7 opinions
- Covil v. Robert & Co. AssociatesCourt of Appeals of Georgia · 1965
- Burke v. . IrelandNew York Court of Appeals · 1901
- State Ex Rel. Stephan v. Wolfenbarger & McCulley, PASupreme Court of Kansas · 1984
- Bayne v. EverhamMichigan Supreme Court · 1917
- Fossum v. Timber Structures, Inc.Washington Supreme Court · 1959
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