Freeman v. Clute
New York Supreme Court
This cause was tried at the Schenectady circuit, in October^ 1847, before Justice Hand ; and after taking the evidence it was agreed by the counsel that it should be decided by Justice Harris upon a case containing the evidence, and it was submitted to him for his decision, accordingly.
1Opinion of the CourtHarris, J.
I think the evidence in this case' sufficiently establishes the following facts: 1. That early in the summer of 1846, the defendants, being engaged in the business of manufacturing steam engines, &c. agreed, for a stipulated price, to make and put up for the plaintiff an engine of ten horse pow*425er, with a suitable boiler; and that it was to be ready for use by the first of September of that year. 2. That there was a delay of three 'months beyond the time stipulated; in putting up the engine and boiler. 8. That when the engine and boiler were put up they proved to be so defective as not to…
2Cases cited2 opinions
- Blanchard v. ElyNew York Supreme Court · 1839
- Driggs v. DwightNew York Supreme Court · 1837
3Cited by20 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Myers v. . BurnsNew York Court of Appeals · 1866
- Witherbee v. . MeyerNew York Court of Appeals · 1898
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
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