Ellison v. Creed
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Egbert B. Ellison and another against Sarah M. Creed to ■recover on a contract. From a judgment in favor of defendant, plaintiffs appeal.
1Opinion of the CourtWoodwajrd, J.
The plaintiffs in this action succeeded to the business of their father, Thomas J. Ellison, a steam and hot-water heating engineer, who in the fall of 1895 entered into a contract or agreement with the defendant to furnish and erect a hot-water heating apparatus in her dwelling house. The boiler and radiators were put in and connected up, and soon after Christmas, 1895, the fires were started, and the test was made, and, so far as the evidence shows, this test was satisfactory to all concerned. Although there is some evidence that the defendant found some fault with the heating apparatus,…
2Cases cited3 opinions
- Brown v. . FosterNew York Court of Appeals · 1888
- Chambers v. LancasterAppellate Division of the Supreme Court of the State of New York · 1896
- Wiles v. ProvostAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- The VenezuelaDistrict Court, W.D. New York · 1909