Vernon v. J. W. O'Bannon Co.
Appellate Division of the Supreme Court of the State of New York
Orders affirmed, with costs.— Appeal by the defendant from an order of the Supreme Court, entered in the office of the clerk of Kings county on the 16th day of May, 1901, setting aside the verdict of a jury upon the first cause of action and granting a new trial thereof; also from an order entered in said clerk’s office on the 23d day of May, 1901, dismissing the defendant'seounterclaim, and also from an ordér entered in said, clerk’s office on the 23d day of - May, 1901;…
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Orders affirmed, with costs.— Appeal by the defendant from an order of the Supreme Court, entered in the office of the clerk of Kings county on the 16th day of May, 1901, setting aside the verdict of a jury upon the first cause of action and granting a new trial thereof; also from an order entered in said clerk’s office on the 23d day of May, 1901, dismissing the defendant'seounterclaim, and also from an ordér entered in said, clerk’s office on the 23d day of - May, 1901; denying the motion of the defendant to set aside the verdict in favor of the plaintiffs upon the second cause of action.—
1Opinion of the Court
Willard Bartlett, J.:
The complaint sets forth two causes of action to recover sums of money claimed to be due, (1) upon a contract to furnish the defendant corporation with steam power, and (2) the other upon a contract to furnish the defendant corporation with live steam. In the answer the defendant denied the allegations of the complaint to the effect that the plaintiffs bad performed these contracts on their part, and pleaded an agreement to arbitrate, payment and the Statute of Frauds. It also set up a counterclaim alleging that the plaintiffs had violated a supplemental agreement to…
2Cited by1 opinion
- Vernon v. J. W. O'Bannon Co.Appellate Division of the Supreme Court of the State of New York · 1903