James Reilly Repair & Supply Co. v. Smith
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by the James Reilly Repair & Supply Company against Robert A. C. Smith for repairs and alterations furnished to respondent’s yacht Privateer. From a decree for libelant for $6,689.06, which was less than the amount demanded by $2,808.06, allowed by the commissioners, but disallowed by the District Court, libelant appeals.
1Opinion of the Court
COXE, Circuit Judge.
The respondent employed the libelant to alter and repair his yacht Privateer for the sum of $12,850. The contract was in writing and the work was to be done pursuant, to carefully prepared and definite specifications. The respondent, undoubtedly having in mind the fate of all who attempt to alter or repair existing structures, whether on land or sea, endeavored by the most stringent written stipulations to protect himself from the apparently inevitable and always exasperating claims for “extra work” which seem inseparable from contracts of this character. It was expressly…
2Cited by7 opinions
- Pope v. United StatesUnited States Court of Claims · 1932
- Harvey v. MouncouLouisiana Court of Appeal · 1925
- Groner v. CavenderLouisiana Court of Appeal · 1931
- Spaulding v. American Realty Co.Supreme Judicial Court of Maine · 1922
- Callan v. PeckSupreme Court of Rhode Island · 1914
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