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Jacob Youngs, Incorporated v. . Kent

130 N.E. 933, 230 N.Y. 656, 1921 N.Y. LEXIS 920
CourtNew York Court of Appeals
DecidedMarch 8, 1921
StatusPublished
Cited by12 cases

This text of 130 N.E. 933 (Jacob Youngs, Incorporated v. . Kent) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacob Youngs, Incorporated v. . Kent, 130 N.E. 933, 230 N.Y. 656, 1921 N.Y. LEXIS 920 (N.Y. 1921).

Opinion

Per Curiam.

The court did not overlook the specification which provides that defective work shall be replaced. The promise to replace, • like the promise to *657 install, is to be viewed, not as a condition, but as independent and collateral, when the defect is trivial and innocent. The law does not nullify the covenant, but restricts the remedy to damages.

The motion for a re-argument should be denied.

His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Motion denied.

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Bluebook (online)
130 N.E. 933, 230 N.Y. 656, 1921 N.Y. LEXIS 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacob-youngs-incorporated-v-kent-ny-1921.