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Contracts Keyed to Blum
Jacob & Youngs, Inc. v. Kent
Citation:
230 N.Y. 239, 129 N.E. 889 (1921)Facts
Plaintiff was general contractor that built $77,000 country home for Defendant. The contract stated that all pipes used were to be manufactured in Reading. Plaintiff completed work in June 1914, Defendant moved in, and in March 1915, Defendant noticed that some of the pipe used was not from Reading. Defendant demanded the piping be replaced, but it would require substantial work and expense. Plaintiff asserted that pipe was of the same quality as Reading pipe and was an innocent mistake due to subcontractor’s inattention. Plaintiff left pipe untouched, asked for certificate that final payment was due, but Defendant refused.
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ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
6m 19sTopic Outline 
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