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Jacob & Youngs, Inc. v. Kent

230 N.Y. 656 Court N.Y. Decision date 1921-03-08 English

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p. 656
Jacob & Youngs, Incorporated, Respondent, v. George E. Kent, Appellant.
(Submitted February 28, 1921;
decided March 8, 1921.)

Headnote

Motion for re-argument. (See 230 N. Y. 239 .)

The court did not overlook the specification which provides that defective work shall be replaced. The promise to replace, • like the promise to

p. 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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