Strong v. Waters
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Barzell M. Strong against Cyrus Waters to recover for work done and material furnished under a contract to drill a well. From a judgment in favor of defendant, plaintiff appeals. Reversed. Action to recover under a written contract to drill a well for defendant.
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Appeal from judgment on report of referee. Action by Barzell M. Strong against Cyrus Waters to recover for work done and material furnished under a contract to drill a well. From a judgment in favor of defendant, plaintiff appeals. Reversed. Action to recover under a written contract to drill a well for defendant. That part of the contract material to the questions presented reads as follows: “Witnesseth, party of the first part agrees to drill a well for party of the second part at §2.50 a foot, and furnish pipe for pump without charge, and is to be relieved from all responsibility when he…
1Opinion of the CourtParker, P. J.
Upon the trial of this action the referee allowed the negotiations of the parties prior to the execution of the written contract, and also their subsequent conduct under it, to be given in evidence on the part of the defendant and under the plaintiff’s objections. He stated that he did not receive it for the purpose of altering or modifying the written contract, and he has found as a fact that the written contract was the only one made between the parties. Nevertheless, he has found that the plaintiff did not complete the well, and has, therefore, dismissed the complaint on the ground that,…
2Cases cited1 opinion
- Strong v. WatersNew York Supreme Court · 1894
3Cited by1 opinion
- Wolff Truck Frame Co. v. American Steel FoundriesCourt of Appeals for the Seventh Circuit · 1912