Jacob Youngs, Incorporated v. . Kent
130 N.E. 933 | NY | 1921
The court did not overlook the specification which provides that defective work shall be replaced. The promise to replace, like the promise to *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.
HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ., concur.
Motion denied.
