Isaacs v. Terry & Tench Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Terry ■& Tench Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 9th day of December, 1908, affirming a judgment of the City Court of the city of Hew York in favor of the plaintiff, entered on the 16th day of June, 1908, upon the verdict of a jury.
1Opinion of the Court
McLaughlin, J.:
Substantially all of the facts here involved were set out in the opinions delivered on the former appeal (125 App. Div. 532), and it is unnecessary to restate them. A majority of the court then determined that the plaintiff was entitled to recover the contract *658price, less the cost of fulfilling on liis part and the profit which he realized on- the sale of the 300 tons of beams which the defendant refused to take, and the - judgment was reversed and a new trial ordered only because it appeared that the verdict for $900 was too large, in that no allowance had been made for the…
2Cases cited1 opinion
- Isaacs v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1908