Jacob Youngs, Incorporated v. Kent

Full title: JACOB YOUNGS, INCORPORATED, Respondent, v . GEORGE E. KENT, Appellant

Court: Court of Appeals of the State of New York

Date published: Mar 8, 1921

230 N.Y. 656 (N.Y. 1921)

130 N.E. 933

Opinion

Submitted February 28, 1921

Decided March 8, 1921

Per Curiam.

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

HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ., concur.

Motion denied.