Contracts Keyed to Calamari
H.R. Moch Co. v. Rensselaer Water Co.
The Defendant, Rensselaer Water Co. (the "Defendant"), made a contract with the city of Rensselaer to supply water for a sum of years. During the term of the contract, the Plaintiff, H.R. Moch Co. (the "Plaintiff"), owned a warehouse destroyed by a fire. It was alleged that the Defendant was notified about the fire, but did not supply a sufficient amount of water or water pressure to put out the fire. The Plaintiff brought suit against the Defendant, and alleged that the Defendant failed "fulfill the provisions of the contract between it and the city of Rensselaer". Special term dismissed the Defendant's motion to dismiss the complaint. The Appellate division reversed.
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