New York Court of Appeals, 1921

Jacob Youngs, Incorporated v. . Kent

New York Court of Appeals · Decided March 8, 1921 · <italic>Per Curiam</italic>.

130 N.E. 933; 230 N.Y. 656; 1921 N.Y. LEXIS 920 (North Eastern Reporter)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.