A & S WELDING & BOILER REPAIR, INC. v. SEIGEL


93 A.D.2d 712 (1983)

A & S Welding & Boiler Repair, Inc., Respondent, v. Samuel Seigel et al., Appellants and Third-Party Plaintiffs-Appellants. Hartford Steam Boiler Inspection and Insurance Company, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 5, 1983


There is an issue of fact as to whether the agreement of the parties was that plaintiff was to look to the third-party defendant Hartford Steam Boiler Inspection and Insurance Company for payment for the boiler which plaintiff was installing on the property of defendants-appellants. While ordinarily there would at least be a contract implied in fact that the person to whom goods or services are rendered and who received the benefit of them will pay for them, no such contract...

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