Dimmers v. Armitage
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Magdalena E. Dimmers against James Armitage, Allan Herschell, and George Herschell for damages for breach of contract. From a judgment in favor of plaintiff, defendants appeal.
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Appeal from judgment on report of referee. Action by Magdalena E. Dimmers against James Armitage, Allan Herschell, and George Herschell for damages for breach of contract. From a judgment in favor of plaintiff, defendants appeal. On the 5th day of May, 1890, the defendants, who were then co-partners in business in Tonawanda, in this state, and as such engaged in the manufacture of engines and boilers, made a written proposition to the plaintiff to construct, and place in a canal boat which she was then building, an engine, and a boiler of sufficient capacity and power to operate the engine;…
1Opinion of the CourtAdams, J.
It is a conceded fact in the case that the parties did enter into the contract which is set forth in the complaint, and the learned referee has found that its breach, so far as the defective character of the boiler is concerned, is fully established, to the plaintiff’s damage in the sum of $350. The evidence upon which this finding is based is quite conflicting, and not altogether convincing; there being much in the case to justify the inference that the failure of the boiler to operate satisfactorily was due in some measure, at least, to the unskillful, not to say negligent, manner in which…
2Cases cited4 opinions
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Lake v. TysenNew York Court of Appeals · 1852
- Sheldon v. . SheldonNew York Court of Appeals · 1892
- Wright v. WrightNew York Supreme Court · 1893
3Cited by1 opinion
- Gorham v. GorhamAppellate Division of the Supreme Court of the State of New York · 1899