Raisler Heating Co. v. Dowd

Appellate Terms of the Supreme Court of New York

Raisler Heating Co. v. Dowd

52 Misc. 656, 102 N.Y.S. 504

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 15, 1907

StatusPublished

This text of 52 Misc. 656 (Raisler Heating Co. v. Dowd) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Raisler Heating Co. v. Dowd, 52 Misc. 656, 102 N.Y.S. 504 (N.Y. Ct. App. 1907).

Pincite

Opinion

Blanchard, J.

.This is an action brought to recover for work, labor and services rendered in pursuance of an agreement to pay the “ costs ” of doing the job. The situation [657]*657of the parties tends to show that actual cost was the meaning intended by the word “ cost ” used in the agreement, and the negotiations of the parties, which were properly admitted in evidence to explain the written agreement, con-, firm this view. Accordingly, judgment could not properly be awarded for an amount which included profit.

Judgment must be reversed and a new trial ordered, with costs to appellants to abide the event.

Gildebsleeve and Dayton, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellants to abide event.

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Blanchard, J.

.This is an action brought to recover for work, labor and services rendered in pursuance of an agreement to pay the “ costs ” of doing the job. The situation [657]*657of the parties tends to show that actual cost was the meaning intended by the word “ cost ” used in the agreement, and the negotiations of the parties, which were properly admitted in evidence to explain the written agreement, con-, firm this view. Accordingly, judgment could not properly be awarded for an amount which included profit.

Judgment must be reversed and a new trial ordered, with costs to appellants to abide the event.

Gildebsleeve and Dayton, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellants to abide event.

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Bluebook (online)

52 Misc. 656, 102 N.Y.S. 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raisler-heating-co-v-dowd-nyappterm-1907.