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Contracts Keyed to Burton
Jacob & Youngs v. Kent
Citation:230 N.Y. 239, 129 N.E. 889
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Kent (defendant) hired Jacob & Youngs (plaintiff) to build a country home at a cost of $77,000. One of the specifications for construction of the home was for all wrought-iron pipe to be manufactured by the Reading Manufacturing Company in Reading. After construction finished in June 1914, Kent began living in the home. In March 1915, Kent learned that some of the pipe had been made in factories other than in Reading. Because the home had already been finished, replacing the pipe would have been costly and would require some demolition of the already constructed home. When Jacob & Youngs requested the final payment of $3,483.46 for the construction of the home, Kent refused to make the final payment. Jacob & Youngs sued to recover the remaining balance under the contract. At trial, Jacob & Youngs proffered evidence showing that the brand of pipe installed had the same quality, appearance, market value, and cost as the Reading pipe. The only difference between the pipe installed and the Reading pipe were that they were manufactured in difference places. The proffered evidence was excluded, and the jury rendered a verdict in favor of Kent.
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