Grant v. . Morse
New York Court of Appeals
Appeal from the Supreme Court. Action for labor and materials expended in building certain additions to the defendant’s tannery. In their answer, the defendants set up a counterclaim for damages sustained by them in consequence of the negligent and unworkmanlike manner in which the plaintiff had constructed certain leaches—a part of the work he had undertaken. Issue was taken upon the counterclaim by the reply.
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Appeal from the Supreme Court. Action for labor and materials expended in building certain additions to the defendant’s tannery. In their answer, the defendants set up a counterclaim for damages sustained by them in consequence of the negligent and unworkmanlike manner in which the plaintiff had constructed certain leaches—a part of the work he had undertaken. Issue was taken upon the counterclaim by the reply. The case was tried before a referee, whose finding is stated in the following opinion. The judgment for the plaintiff, entered upon the referee’s report, having been affirmed at…
1Opinion of the Court
Comstock, Ch. J.
The report of the referee states that in June, 1853, the plaintiff agreed with the defendants to huild for them a leach house and eighteen leaches of a certain size and shape, for which he was to be paid the sum of $343 : that the work was completed about the first of August in the same year and was then accepted by the defendants. He further states that the leaches, on being filled and tried in September, sprung and leaked; but in November following the defendants, in accounting with the plaintiff, admitted the whole contract price to be due and owing to him. On these facts…
2Cited by41 opinions
- Milhau v. . SharpNew York Court of Appeals · 1863
- Grumley v. WebbSupreme Court of Missouri · 1869
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Van Slyke v. . HyattNew York Court of Appeals · 1871
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