Crocker-Wheeler Co. v. Varick Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Crocker-Wheeler Company, from an. order of the Appellate Term of the Supreme Court, bearing date the 26th day of May, 1904, and entered in the office of the clerk of the county of New York, reversing a judgment of the City Court of the city of New York in favor of the plaintiff; entered on the •14tli day of March, 1904, upon the decision of the court rendered after a trial before the court' without a jury.
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Appeal by the plaintiff, the Crocker-Wheeler Company, from an. order of the Appellate Term of the Supreme Court, bearing date the 26th day of May, 1904, and entered in the office of the clerk of the county of New York, reversing a judgment of the City Court of the city of New York in favor of the plaintiff; entered on the •14tli day of March, 1904, upon the decision of the court rendered after a trial before the court' without a jury. Determination affirmed1, with costs, on' the opinion of the court below, and judgment absolute ordered for the defendant, with costs.
1Opinion of the Court
Present — Van Brunt, P. J., Patterson, Ingraham, McLaughlin and Laughlin, JJ.
The following is the opinion of Scott, J., delivered at the, Appellate Term:
Scott, J. :
The plaintiff contracted with the defendant Yarick Realty Company to furnish and install, in a building owned by said defendant, two electric elevators. One of the elevators was to be in operation by February 2, 1903, the installation of the other to be completed as quickly as possible after the installation of the first, ten days being mentionéd as the probable time. It is made clear by the evidence that much stress was laid by…
2Cases cited2 opinions
- Dunn v. . SteubingNew York Court of Appeals · 1890
- Grannis & Hurd Lumber Co. v. DeevesNew York Supreme Court · 1893
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- Frankfurt-Barnett Co. v. William Prym Co.Court of Appeals for the Second Circuit · 1916
- Kelly v. St. Michael's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1912
- In Re Regional Building Systems, Inc.United States Bankruptcy Court, D. Maryland · 2001
- Beyer v. Henry Huber Co.Appellate Division of the Supreme Court of the State of New York · 1906
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