Appellate Terms of the Supreme Court of New York December 16, 1908 (Ecstein v. Popper)

GIEGERICH, J.

The action is to recover the value of board and lodging furnished and for breach of contract in failing to remain for the season as agreed upon.

*489It is undisputed that the plumbing, the absence of which was the chief source of complaint on the part of the defendant, was not installed by the plaintiffs in their hotel until several weeks after the arrival of the defendant’s family