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Contracts Keyed to Epstein
Jacob & Youngs, Incorporated v. Kent
Citation:230 N.Y. 239, 129 N.E. 889 (1921)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
The plaintiff built a country residence for the defendant at a cost of upwards of $77,000, and now sues to recover a balance of $3,483.46, remaining unpaid. The work of construction ceased in June, 1914, and the defendant then began to occupy the dwelling. One of the plumbing specifications for the plumbing work provides that all wrought iron pipe must be well galvanized, lap welded pipe of the grade known as “standard pipe” of Reading manufacture. The defendant learned in March, 1915, that some of the pipe, instead of being made in Reading, was the product of other factories. The plaintiff was accordingly directed by the architect to do the work anew. Obedience to the order meant the demolition at great expense of substantial parts of the completed structure. The plaintiff left the work untouched and asked for a certificate that the final payment was due.
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