Jacob Youngs, Incorporated v. . Kent

New York Court of Appeals March 8, 1921

Jacob Youngs, Incorporated v. . Kent, 130 N.E. 933 (N.Y. 1921)

230 N.Y. 656; 1921 N.Y. LEXIS 920

<italic>Per Curiam</italic>.

Opinion of the Court

Per Curiam.

The court did not overlook the specification which provides that defective work shall be replaced. The promise to replace, • like the promise to *657 install, is to be viewed, not as a condition, but as independent and collateral, when the defect is trivial and innocent. The law does not nullify the covenant, but restricts the remedy to damages.

The motion for a re-argument should be denied.

His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Motion denied.

Reference

Full Case Name: Jacob & Youngs, Incorporated, Respondent, v. George E. Kent, Appellant
Cited By: 12 cases
Status: Published