Onondaga Litholite Co. v. Staub

Headnote

Onondaga Litholite Co. v. Staub, 176 App. Div. 574 , affirmed.

Appeal from a judgment, entered March 16, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Plaintiff is a manufacturer of concrete stone. Defendant is a mason

builder. In June, 1914, defendant obtained a contract from the board of water supply of the city of New York for the- construction of certain superstructures for the Ashokan bridge in Ulster county. Plaintiff claimed that defendant, through the agency of his son, had duly made a sub-contract with it for the concrete stone necessary in connection with the work to be done by defendant under said contract; that defendant had repudiated such alleged sub-contract and that plaintiff had sustained damages by way of expenses incurred and loss of profits, amounting to $50,000. Defendant claimed that his son had made this contract without his knowledge or authority and refused to ratify it.