Husted v. Craig
New York Court of Appeals
Where there was a contract to furnish, cut, fit, and put down in defendant’s house, the carpets and oil-cloths at a stipulated price, the contract is entire; and to entitle the Plaintiff to recover he must perform the whole contract in a skilful and workmanlike manner. If he fail in respect to one or two of the rooms, he cannot recover as to any.
1Opinion of the CourtBockes, J.
The jury were at liberty to find, from the evidence, that the contract was entire, to furnish and put down the carpets and oil-clotlis in the Defendant’s house at Peeltskill, for the price agreed on.
Such contract would carry with it the tacit condition, imposed by law, that the articles selected should be put down in a proper manner. The condition, conceding the contract to have been as above stated, was a very important one, for the value of the property to be delivered depended, in a great degree, on its due execution. The question is whether there was evidence from which the jury could…
2Cases cited5 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Baker v. . HigginsNew York Court of Appeals · 1860
- Pullman v. . CorningNew York Court of Appeals · 1853
- Pike v. . ButlerNew York Court of Appeals · 1850
- Shields v. . PettieNew York Court of Appeals · 1850