Goepel v. Kurtz Action Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fannie J. Goepel, from a judgment of the Supreme Court in her favor, entered in the office of the clerk of the county of New York on the 13th day of February, 1913, upon the verdict of a jury rendered after the court had granted defendant’s motion to dismiss the first cause of action set' forth in the complaint, so far as it concerned profits which plaintiff claimed to have lost.
1Opinion of the Court
Laughlin, J.:
The complaint contains two counts; the first is for goods sold and delivered under an express contract and for damages for loss of profits caused by defendant’s failure to allow plaintiff fully to perform an executory contract, and the second is on a quantum meruit for other goods sold and delivered. At the close of plaintiff’s case the court dismissed her claim for loss of profits and she recovered on her remaining claims; and on the verdict judgment was entered for the amount of the recovery and dismissing her complaint for loss of profits. She appealed generally from the…
2Cases cited9 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Goepel v. . Kurtz Action Co.New York Court of Appeals · 1915
- Belle of Bourbon Co. v. LefflerAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by2 opinions
- Werfel v. United StatesDistrict Court, S.D. New York · 1948
- Louvin Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1934