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9 Misc. 2d 961

Scott v. Erdman

Appellate Terms of the Supreme Court of New York · decided 1957-12-13

Cited by 1 later decisions — most recently October 1964

1 state decisions

Relies on Crawford v. . Mail Express Publishing Co. · Ginsberg v. Friedman

Good law ✅— No negative treatment on recordhow we know

Decided 1957-12-13

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Per Curiam.

¶1The promise to complete the draperies to the entire satisfaction of the defendant does not impute merely a reasonable satisfaction. The determination of the question as to whether the services of the plaintiff under the contract were satisfactory, belonged entirely to the defendant subject to no control from the courts (Ginsberg v. Friedman, 146 App. Div. 779, revg. 125 N. Y. S. 473; Diamond v. Mendelsohn, 156 App. Div. 636). The personal satisfaction of the purchaser in this case was a compelling factor in the placing of the order with plaintiff and plaintiff agreed to complete the draperies to the satisfaction of the defendant. Plaintiff’s agreement to perform involved taste, fancy and personal satisfaction and he was duty bound to comply with the terms of his contract (Crawford v. Mail & Express Pub. Co., 163 N. Y. 404).

¶2The judgment should be unanimously reversed on the law and facts, judgment granted to the appellant on her counterclaim in the sum of $200, with interest, together with $30 costs

¶3Pette, Hart and Di Gtovanna, JJ., concur.

¶4Judgment reversed, etc.

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