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Roys System Co. v. Rogers

101 N.Y.S. 1142 Court N.Y. App. Div. Decision date 1906-11-21 English

Contents

Majority

p. 1142
ROYS SYSTEM CO., Appellant, v. ROGERS et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
November 21, 1906.)

Headnote

Action by the Roys System Company against Gustavus A. Rogers and Aaron S. Ratkowsky.

The contract of October 16, 1905, was a merger of defendants’ claim for improper installation prior to that time. The contract provided exclusively what should be done by plaintiff thereafter to satisfy defendants. The admission of evidence over plaintiff’s objection as to the insufficiency of the work before October 16th was therefore error, and the judgment should be reversed, and a new trial ordered; costs to abide the event.