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Contracts Keyed to Frier
Jacob & Youngs, Inc. v. Kent
Citation:
230 N.Y. 239, 129 N.E. 889 (1921)ProfessorMelissa A. Hale
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Facts
Plaintiff is a general contractor that built a country residence for Defendant. The contract stated that Plaintiff was to be paid $77,000, and one specification in the contract was that all pipes used be manufactured in Reading, Pennsylvania. Plaintiff completed work in June 1914. In March 1915, Defendant noticed that some of the pipe was manufactured in other places besides Reading. Defendant demanded the pipe be replaced. Replacement of the pipe, however, would require substantial additional work and expense by Plaintiff. Additionally, the existing pipe was of the same quality as Reading pipe and was supplied based on an innocent mistake by Plaintiff caused by the inattention of its subcontractor. Plaintiff left the existing pipe untouched and asked for a certificate from Defendant that the final payment of $3,483.46 was due. Defendant refused to supply the certificate, and Plaintiff brought suit to recover damages. At trial, Plaintiff was not allowed to introduce evidence that the pipe installed was of the same quality as Reading pipe, and the jury entered a verdict for Defendant. The appellate court reversed and granted a new trial.
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