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Contracts Keyed to Summers
Jacob & Youngs, Inc. v. Kent
Citation:
230 N.Y. 239, 129 N.E. 889
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Kent (defendant) hired Jacob & Youngs, Inc. (plaintiff) to build him a country home at a cost of $77,000. The specifications for the home’s plumbing work stated that: “All wrought-iron pipe must be…of the grade known as ‘standard pipe’ of Reading manufacture.” In June 1914, Jacob & Youngs completed construction of the home. Kent began living in the home, but, in March 1915, he complained of defective performance. Kent had learned that some of the pipe had not been made in Reading and instead had been made in other factories. In order to substitute the non-Reading pipe, substantial parts of the completed home would have had to been demolished at great expense. When Jacob & Youngs requested its final payment, Kent refused. Jacob & Youngs sued Kent to recover the remaining unpaid balance of $3,483.46. At trial, Jacob & Youngs tried to show that the non-Reading pipe were the same in appearance, market value, and cost as the Reading pipe. The trial court excluded this evidence, and a verdict was directed for Kent. Jacob & Youngs appealed.
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Topic Resources
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