136 N.Y.S. 986 | N.Y. App. Term. | 1912
The pleadings were in writing. The complaint alleges that between the 14th day of May, 1909, and the 29th day of May, 1910, plaintiff furnished electrical current to the defendants of the reasonable value of $339.28, no part of which has been paid except the sum of $180.06, leaving a balance due and owing by the defendants to the plaintiff of $159.22.
The theory of the plaintiff’s'case may be stated briefly as follows: The defendants were engaged in a manufacturing business. Their machinery was operated by plaintiff’s electric power supplied to an electric motor installed by the defendants. The electrical current was measured on plaintiff’s own meter which it placed in defendants’ plant. The registratioKor ascertainment of the amount of current consumed by the defendants was made by the plaintiff through its employees monthly, and for the period of a year bills for such current as the plaintiff assumed was used were rendered monthly. Plaintiff claims that the motor of the defendants was what it characterized as a “ double phase motor,” and that where such a motor is in use its own meter would register but one-half of the actual current consumed. Hence it claims that, by mistake solely, it failed to render the proper bills to the defendants which, if so rendered, would have been for twice the amount of current registered on the meter. This action is brought to recover for the one-half of the current claimed to have been consumed by the defendants and which was not billed and ' charged to them by reason of this error, which amount, less a trade discount, represents the sum sued for. Plainly speaking, the plaintiff’s action is for furnishing a commodity which it manufactured and sold and delivered to the defendants and in the reckoning up of the quantity of which it made a mistake to the extent of fully one-half of the actual amount sold.
As a new trial must be had, another question is, presented by this record which will undoubtedly b.e presented on the retrial and a disposition thereof is now necessary.
The..defendants sought to show that in the conduct, of their business they added the cost of such electrical current as they believed they were using to the prices charged by
To each and every question of the character indicated a ruling of exclusion was made by the court upon the objection of the plaintiff that the evidence was incompetent, irrelevant and immaterial. We think this proof should have been received.
The position of the defendants presents the doctrine of an equitable estoppel. ' It is that the plaintiff by his negligent conduct induced the defendants, acting in reliance thereon, to carry .on their business in such a way as to work an injury to the defendants if the plaintiff is to be now permitted to assert its rights to double the amount of its charges. ¡
It may be conceded that the plaintiff did not designedly mislead the defendants. But that the evidence warranted a finding that the plaintiff was' negligent to the defendants’
It follows, therefore, that error was committed in excluding the evidence offered by the defendants to establish their defense. This defense, equitable in character, is one which the Municipal Court, under the circumstances existing here, could entertain. While the court is one of statu
Garretson and Stapleton, JJ., concur.
Judgment reversed and new trial ordered, costs to abide event.