11 N.Y.S. 301 | N.Y. Sup. Ct. | 1890
This action was brought to recover damages for defects in. furniture manufactured by the defendant for the plaintiff, and for the failure of the defendant to pack such furniture in a proper manner. The contract between the parties was in writing, bearing date the 2d day of October, 1885, by which the defendant agreed to manufacture for the plaintiff counters, shelving, tables, and cases, to be used in a restaurant in the city of Hew York, to be made of cherry lumber, and “finished in a good, workman-like-manner,” to be completed by the 15th day of December of that year, and delivered on. board cars in the city of Rochester, for which he was to receive from the plaintiff the sum of $600 in cash. In explanation of the expression “finished in a good, workman-like manner,” evidence was permitted to be given that, prior to the execution of the written agreement, the plaintiff told the defendant that the tables, counters, and cases were to-