New York Court of Appeals

David C. Woolsey, Respondents v. Hugo Funke, Appellant

April 15, 1890121 N.Y. 87

Summary

The Court affirmed the judgment for the plaintiffs, holding that the charter‑party required the defendant, not the plaintiffs, to furnish water for the steamer and that the defendant’s failure to do so excused the plaintiffs from performance. The decision rests on a textual reading of the contract clause and the parties’ conduct, which showed the defendant assumed the water‑supply obligation.