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Contracts Keyed to Whaley
H.R. Moch Co. v. Rensselaer Water Co.
Citation:Court of Appeals of New York, 1928. 247 N.Y. 160, 159 N.E. 896.
Rensselaer Water Co. (Defendant) entered into a contract with the city of Rensselaer, NY to supply water. The water would be furnished to the city for sewer flushing, street sprinkling, service to schools and public buildings, and service to fire hydrants for a term of years. The water would also be furnished to private individuals and buildings. H.R. Moch Co. (Plaintiff) owned a building near a fire hydrant which contained water supplied by defendant. Plaintiff’s building caught fire, while defendant’s contract with the city was in place, and the nearby fire hydrant did not have enough water to put out the fire. The fire spread to plaintiff’s nearby warehouse and destroyed its contents.
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