Citation Numbers: 1 Thomp. & Cook 18
Judges: Smith
Filed Date: 9/15/1873
Status: Precedential
Modified Date: 1/13/2023
This action was originally tried before a referee and an appeal taken to the general term of the eighth district. In it was involved the construction of the following covenants in a deed conveying a
The referee held that under the covenant the grantor was bound to supply the quantity of 375 inches, at the head of 13 feet. The general term held that the deed conveyed a portion of water equal to 375 inches under a pressure of 13 feet head, and that the grantor was not bound to furnish this amount under any given head or vertical pressure, and ordered a re-trial. The case was re-tried, appealed to the general term, and then to the court of appeals, Avhich court was divided in opinion upon the construction of the covenants. Torrance v. Conger, 46 N. Y. 345. The case was sent back for retrial upon a question of evidence, and now comes up upon appeal from the judgment upon report of the referee at the third trial. The court held that the construction of the covenant, having already been passed upon by the general term, was not open for reconsideration.
Judgment affirmed.