Otto Gas Engine Works v. Moore
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, the Otto Gas Engine Works, and the defendant, Michael E. Moore, from a, judgment of the Supreme Court, entered in the office of the clerk of the' county of Suffolk pn the 26th day of April, 1909, upon the decision of the court rendered after a trial at the Suffolk Trial Term, a jury having been waived.
1Opinion of the Court
Jenks, J.:
The contract between the parties required the defendant to pay $200 in cash and to return an engine owned by him when the’ engine furnished by the plaintiff was “ in .successful operation.” This action is brought to recover the $200 and $125, the value of the engine to be returned. The court that tried the action without a jury gave.judgment for the $200 but dismissed’ the complaint so far as it related to the engine to be returned. It found that the value of that' engine was $125. Each party appeals, the plaintiff in that the judgment does not include the said $125, and the…
2Cases cited4 opinions
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Weil v. TylerSupreme Court of Missouri · 1866
- Moore v. Otto Gas Engine WorksAppellate Division of the Supreme Court of the State of New York · 1910
- Parr v. JohnsonSupreme Court of Minnesota · 1887