Ideal Wrench Co. v. Garvin Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Garvin Machine Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county or New York on the 14th day of April,'1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of April, 1903,' denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The action is to recover damages caused by the breach of a contract for the manufacture by the deféndant of a tool called the “Ideal Wrench.” Upon an appeal from a judgment entered upon a dismissal of the complaint on a former trial it was held that- there was a breach of the contract by the defendant which, in the absence of other proof of damage, authorized the recovery of $500 deposited with the defendant which was to be applied on the last payment. It was also intimated in the opinion that the plaintiff might be , entitled to recover other damages depending on the proof upon…
2Cases cited6 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Murray v. StantonMassachusetts Supreme Judicial Court · 1868
- Zabriskie v. . C.V.R.R. Co.New York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Marx v. Locomobile Co. of AmericaCity of New York Municipal Court · 1913
- Crane Co. v. CollinsAppellate Division of the Supreme Court of the State of New York · 1905
- Neverfail Lighter Co. v. BlumAppellate Division of the Supreme Court of the State of New York · 1922
- Finkelstein v. SelwitzAppellate Terms of the Supreme Court of New York · 1913