Citations
- 182 A.D. 586
Full opinion text
Smith, J.:
This action is brought upon two contracts specified as “ 9630 ” and “ 9630 extra ” made between the M. H. Tread-well Company, the plaintiff’s assignor, and the General Petroleum Company of California for whom the defendant
was acting as agent and which contracts the defendant guaranteed. The answer contains in effect a general denial and pleads payment.
The General Petroleum Company of California, a foreign corporation and doing business mainly in the State of California, chartered the steamship Mills and desired to have the steamship altered so as to make it an oil tank steamer. The contracts were made with the plaintiff to effect this alteration. The first contract, called 9630, was the principal contract and that called for the installation of three or four tanks and was made upon January 16, 1914. The second contract was for further alterations made March 23, 1914, involving $2,600. The third contract was made April 25, 1914, involving $2,430. The fourth contract of June 30, 1914, called for the payment of $15,100. A further contract made September 22, 1914, called for the payment of $5,700. In addition to that there was extra work which was not performed under any contract for which the plaintiff charged upwards of $16,000. The only contracts directly involved in this appeal are the first and fourth contracts. The defendant guaranteed the first four contracts. The second and third and fifth contracts, however, are not made the subject