Citations
- 230 N.Y. 656
Full opinion text
Per Curiam.
The court did not overlook the specification which provides that defective work shall be replaced. The promise to replace, • like the promise to install, is to be viewed, not as a condition, but as independent and collateral, when the defect is trivial and innocent. The law does not nullify the covenant, but restricts the remedy to damages.
The motion for a re-argument should be denied.
His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.
Motion denied.