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75 N.Y. 588

Taylor v. . Philip

New York Court of Appeals

Decided November 12, 1878

New York Court of Appeals · decided 1878-11-12

This was an actio u upon a contract. Defendant having been invited by the building committee of a religious society to make tenders for doing… Held: that plaintiff was not entitled to recover ; that although defendant had the benefit of the use of the bills of quantities so furnished, yet that this did not answer the proviso of the contract upon wdiich alone he was under express legal obligation to pay ; that when defendant’s tender was rejected and that of a third person…

Decided 1878-11-12

*589 Folger, J.,

¶1 reads for reversal and new trial.

¶2 All concur, except Church, Ck. J. and Miller, J. absent at argument.

¶3 Judgment reversed.

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