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Ellis v. Seaman

Supreme Court — Appellate Term
Mar 1, 1898
23 Misc. 758 (N.Y. App. Term 1898)

Opinion

March, 1898.

Percival S. Jones, for appellant.

Daniel S. Decker, for respondent.


There is no question of fraud or warranty in the case. The only issue raised by the pleadings and exceptions is with respect to the terms of the contract and its performance. What the agreement was is evidenced by the written order which was given for the advertisements in question. It contained all of the elements of a complete contract, and, under familiar principles, cannot be enlarged or varied by parol evidence. The only matter which remains to be considered is whether there was a substantial performance with respect to the quality of the work. This was a question of fact which it was peculiarly within the province of the court below to determine, and we cannot say that such determination was so plainly against the weight of evidence as to justify us in reversing the judgment. Judgment affirmed, with costs.

Present: BEEKMAN, P.J., GILDERSLEEVE and GIEGERICH, JJ.

Judgment affirmed, with costs.


Summaries of

Ellis v. Seaman

Supreme Court — Appellate Term
Mar 1, 1898
23 Misc. 758 (N.Y. App. Term 1898)
Case details for

Ellis v. Seaman

Case Details

Full title:CHARLES E. ELLIS, Respondent, v . FRANK SEAMAN, Appellant

Court:Supreme Court — Appellate Term

Date published: Mar 1, 1898

Citations

23 Misc. 758 (N.Y. App. Term 1898)