Jewell v. Schroeppel
New York Supreme Court
Assumpsit, tried at the Oneida Circuit, July,. 1823, before Williams, C. Judge. The declaration-set forth a special agreement, and added' t . the common count for work, labor and materials found, the trial, a sealed contract was given in. evidence,, dated September 6th, 1818, between the plaintiffs and d'e-fend an t:, by which the former covenanted with the latter, t0 compiete a! certain mill within 10 months, arid a canal and mill-dam- within 13 months irom that date ; and…
Read the full summary
Assumpsit, tried at the Oneida Circuit, July,. 1823, before Williams, C. Judge. The declaration-set forth a special agreement, and added' t . the common count for work, labor and materials found, the trial, a sealed contract was given in. evidence,, dated September 6th, 1818, between the plaintiffs and d'e-fend an t:, by which the former covenanted with the latter, t0 compiete a! certain mill within 10 months, arid a canal and mill-dam- within 13 months irom that date ; and the latter covenanted with the former that, on the work- being completéd within these times, he would pay them- a cer- .…
1Opinion of the Court
Curia, per
Sutherland, J.
The charge of the Judge is not stated in the case, and must, therefore, be presumed to have been correct; and the verdict must be considered as given under proper directions from the Court.
The special contract stated in the declaration, is nothing more than a parol enlargement of the time of performance of the original agreement, and a promise to pay the price *566originally stipulated, upon the work being completed at a subsequent day, within a reasonable time after the new agreement
It is abundantly settled that the plaintiffs, inasmuch as they had hot- performed-…
2Cases cited1 opinion
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
3Cited by31 opinions
- Dunn v. . SteubingNew York Court of Appeals · 1890
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Thomas v. . DickinsonNew York Court of Appeals · 1855
- Sinard v. PattersonIndiana Supreme Court · 1834
- Warren v. BeanWisconsin Supreme Court · 1858
26 more not listed; retrieve them via the Exa API.