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Contracts Keyed to Templin
Jacob & Youngs, Inc. v. Kent
Citation:
230 N.Y. 239 (1921)Facts
Jacob & Youngs constructed a country residence for Kent at a cost exceeding $77,000. The contract specifications required all wrought iron pipe to be “well galvanized, lap welded pipe of the grade known as ‘standard pipe’ of Reading manufacture.” After construction was completed and Kent had occupied the house for several months, it was discovered that some of the pipe installed was manufactured by companies other than Reading. The architect directed Jacob & Youngs to replace all non-Reading pipe, which would have required substantial demolition of the completed structure. Jacob & Youngs refused and sued for the final payment of $3,483.46. Evidence showed that the substitution was neither fraudulent nor willful but resulted from oversight by the subcontractor. Jacob & Youngs attempted to introduce evidence that the pipes installed were identical in quality, appearance, market value, and cost to Reading pipes, but this evidence was excluded by the trial court.
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