CasebriefAnalysis - Elisa Falvo Student#224 BLS 342 Johnson...

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Elisa Falvo Student #224 BLS 342 Johnson Vs. Transportation Agency Court of Appeals of New York, 1921. 230 N.Y. 239, 129 N.E. 889. Facts : Jacob & Youngs (P) contracted with George Kent (D) to build a private residence, at an agreed upon cost of $70, 500. A balance of $3,483.46 was still owed to the plaintiff following the completion of the building, which the defendant refused to pay because he felt the plaintiff had violated their contractual agreement. In the contract, it states that all wrought iron pipe must be well galvanized, lap-welded, “Standard pipe” grade, and of Reading manufacture. The majority of pipe installed by the plaintiff fit these stipulations, but there was a small amount of pipe that was produced by other manufacturers. The defendant moved into the residence in June of 1914, but on March 19, 1915 his architect wrote to the plaintiff that non-Reading manufactured pipe had been found in the building and needs to be replaced at his expense. The plaintiff refused to replace the pipe due to the great cost he would incur to demolish portions of the erected building to reach the pipes. The defendant took no further measures to remove or replace the piping in question, and lived in the house with the original piping. The plaintiff felt he had substantially performed the contract and sued the defendant for the remaining balance of $3,483.46. Procedural Posture : The New York Supreme Court reached a directed verdict in favor of the defendant, and the plaintiff appealed the verdict. A directed verdict is when a judge dictates the verdict to a jury because one side has not provided sufficient evidence for
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their case (Hill). The trial court refused to accept the plaintiff’s evidence proving that every foot of pipe that went into the residence was of the same value and quality as the
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This note was uploaded on 01/19/2012 for the course DSC 205 taught by Professor Krallman during the Spring '08 term at Miami University.

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CasebriefAnalysis - Elisa Falvo Student#224 BLS 342 Johnson...

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