Dryfoos v. Uhl
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Russell Uhl, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York On the 1st day of May, 1901, upon the verdict of a jury rendered by direction of the court, and also' from an order entered in said clerk’s office on the 13th day of May' 1901, denying the'defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action is brought to recover damages for a breach of the same contract which was the subject of the action in Fenn v. Dryfoos (69 App. Div. 112), both cases having been practically tried and argued together. The evidence in this case, except so far as it relates to the question of damages, is precisely the same as in the other case. The construction which we have placed upon the contract and the evidence given of the breach, therefore, controls the disposition to be made of the question presented in this case, and under such ruling a question of fact was presented upon the…
2Cases cited1 opinion
- Fenn v. DryfoosAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Worrell v. Kinnear Manufacturing Co.Supreme Court of Virginia · 1905
- W. J. Holliday & Co. v. Highland Iron & Steel Co.Indiana Court of Appeals · 1909
- White & Hamilton Lumber Co. v. LynchSupreme Court of Georgia · 1924
- D. Mackintosh & Sons Co. v. SpinellNew York Supreme Court · 1925