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Jacob & Youngs, Inc. v. Kent | 129 N.E. 889 (1921)

In Jacob and Youngs, Incorporated v. Kent, a builder, Jacob and Youngs, Incorporated, agreed to build George Kent a new home. The contract specified that only pipe manufactured by Reading Manufacturing Company could be used for the plumbing.

About nine months after Kent moved into the completed house, he discovered that much of the pipe wasn’t made by Reading.

The builder claimed that the oversight was inadvertent. But because the house was already finished, replacing the pipe would’ve been very expensive. Doing so would’ve required tearing much of the house apart, switching the pipe out, and rebuilding.

Kent refused to pay the balance of about $3,500 that was still owed, so the builder sued for it.

At trial, the builder tried to show that the pipe installed was identical to Reading pipe, except for its manufacturer. But the trial court excluded that evidence and directed a verdict for Kent. The builder appealed. The appellate division reversed the judgment and granted a new trial. Kent then appealed to New York’s highest court, the Court of Appeals.


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