94 N.J.L. 450 | N.J. | 1920
The opinion of the court was delivered by
The charge of the learned trial judge permitted the jury to find a verdict for the plaintiff (1) if the apparatus was completely installed and the conditions, precedent fulfilled, and (2) if the apparatus was accepted by the defendant. In the first case the plaintiff was unquestionably entitled to recover the contract price. In the second case the question would remain whether the plaintiff was entitled to recover the full amount of the contract price. In neither case could the defendant claim, as it does, a total absence of liability on the ground of non-performance of a condition prece
The judgment is affirmed, with costs.
For affirmance—The Chief Justice, ;Swayze, Trek-chard, Parker, Bergek, Minturn, Kaliscii, Black, White, Hbppekheimer, Williams, Taylor, Gardker, Ackersok, JJ. 14.
For reversal—Kone.