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G. H. Peters Co. v. St. Joseph's Roman Catholic Church Society

129 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1911-05-24 English

Contents

Majority

p. 1123
G. H. PETERS CO., Respondent, v. ST. JOSEPH’S ROMAN CATHOLIC CHURCH SOCIETY OF PERRY, N. Y., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 24, 1911.)

Headnote

Action by the G. H. Peters Company against the St. Joseph’s Roman Catholic Church Society of Perry, N. Y.

Judgment reversed, and new trial ordered before another referee, with costs to appellant to abide event, upon questions of law and fact. Held, that the tenth and eleventh findings of fact made by the referee are against the weight of the evidence, and that the tinning of the bell decks and the slating of the spires were included in the original contract.