Jacob Youngs, Incorporated v. . Kent
130 N.E. 933, 230 N.Y. 656, 1921 N.Y. LEXIS 920
Opinion
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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Jacob Youngs, Incorporated v. . Kent, 130 N.E. 933, 230 N.Y. 656, 1921 N.Y. LEXIS 920 (N.Y. 1921).
130 N.E. 933 (Jacob Youngs, Incorporated v. . Kent) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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