Snook v. Fries
New York Supreme Court
APPEAL by the defendant, from a judgment entered upon the report-of a referee. The action was brought to recover for burning a kiln of brick for the defendant, under a written agreement, by which the plaintiff covenanted and agreed to make for the defendant a certain quantity of brick, during the brick-making season of 1853, at $1.50 per thousand-; the payments to be made as fast as a kiln was burned.
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APPEAL by the defendant, from a judgment entered upon the report-of a referee. The action was brought to recover for burning a kiln of brick for the defendant, under a written agreement, by which the plaintiff covenanted and agreed to make for the defendant a certain quantity of brick, during the brick-making season of 1853, at $1.50 per thousand-; the payments to be made as fast as a kiln was burned. The complaint averred that he made and burned for the defendant a kiln of good merchantable brick, amounting to one hundred and ninety-two and one quarter thousand of brick, and that he had…
1Opinion of the Court
By the Court,
T. R. Strong, J.
The referee has not, as it was his duty to do by § 272 of the code, stated the “ facts found and the conclusions of law separatelyand strictly the omission should have been supplied before bringing the case to argument. An order would have been granted, on the application of either party, that the referee make a further report, correcting this defect in his former one. In many instances it is highly important to a proper disposition of the case, that the provision referred to should be complied with; in almost all a compliance with it materially lessens the labor…
2Cases cited1 opinion
- Sickels v. PattisonNew York Supreme Court · 1835
3Cited by6 opinions
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Wright v. SandersNew York Supreme Court · 1865
- Brock v. KnowerNew York Supreme Court · 1885
- Brown v. New York Central RailroadNew York Supreme Court · 1863
- Moore v. TaylorNew York Supreme Court · 1886
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