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Contracts Keyed to Whaley
Jacob & Youngs v. Kent
Citation:Court of Appeals of New York, 1921. 230 N.Y. 239, 129 N.E. 889.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Jacob & Youngs (Plaintiff) was hired by Kent (Defendant) as a general contractor to build defendant a country home at a cost of upwards of $77,000. One of the provisions of the contract was that for the plumbing work in the residence all pipe must be manufactured in Reading, Pennsylvania. Plaintiff completed the construction of the dwelling, but afterwards, defendant learned that some of the pipe used was manufactured in factories not located in Reading. Defendant demanded that plaintiff replace the pipe, which would be a substantial project and very costly. The plaintiff explained that the use of this pipe was an innocent mistake, and that it was of the same quality as the Reading pipe. Plaintiff asked defendant for a certificate of completion showing that final payment on the project was due. Defendant refused to issue the certificate.
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