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2 Years Transportation Progress Volume 142

2 Years Transportation Progress Volume 142


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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: (SI Misc. Rep. 127.) SPIXAPOXT v. H. G. VOGEL CO. (Supreme Court, Appellate Term, First Department June 17, 1913.) Tbial ($ 329)?General Verdict?Conformity To Issue. Where, if plaintiff's evidence was true, the verdict should have been in his favor for at least .f350, and, if defendant's evidence was true, the verdict should have been in his favor, a verdict for $125 is not sustained by the evidence. [Ed. Note.?For other cases, see Trial, Cent Dig: 774-776, 782; Dec. Dig. 329.] Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Louis V. Spinapont against the H. G. Vogel Company. From a judgment in his favor for $125 upon the verdict of the jury, and also from an order denying his motion to set the verdict aside on the ground of inadequacy, plaintiff appeals. Reversed, and new trial ordered. Argued May term, 1913, before LEHMAN, BIJUR, and WHIT- AKER, JJ. Abraham S. Weltfisch, of New York City, for appellant. David Bernstein, of New York City, for respondent. WHITAKER, J. Plaintiff, a contractor, entered into an agreement in May, 1912, to erect a pent house upon certain premises in Long Island City. The defendant was the principal contractor. The agreed price for the completion of the pent house by plaintiff was $550. The plaintiff completed the work in accordance with the plans and specifications and to the satisfaction of defendant. Plaintiff was paid $200 on account. These facts are conceded. The defendant sets up a defense and counterclaim which its evidence tends to prove, viz., that the plaintiff agreed to push the work, completing it within ten days from the time the pressure tanks were set, and that time was the essence of the contract, inasmuch as defendant was under contract to finish the entire work for ...


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Product Details
  • ISBN-13: 9780217516181
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 740
  • Spine Width: 38 mm
  • Width: 189 mm
  • ISBN-10: 0217516181
  • Publisher Date: 07 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1297 gr


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