Finlay v. Swirsky
Supreme Court of Connecticut
Action to recover damages for a breach of agreements to buy sugar of the plaintiffs, brought to and tried by the Superior Court in New Haven County, Hinman, Jfacts found and judgment rendered for the plaintiffs for $237,735, and appeal by the defendants. No error.
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Action to recover damages for a breach of agreements to buy sugar of the plaintiffs, brought to and tried by the Superior Court in New Haven County, Hinman, Jfacts found and judgment rendered for the plaintiffs for $237,735, and appeal by the defendants. No error. On April 14th, 1920, the plaintiffs and the defendants entered into two contracts for the sale by the plaintiffs to the defendants of eight hundred long tons of sugar at twenty cents a pound, to be shipped from Java to New York during the next July, August or September at the sellers’ option. By one of the terms of the contracts it…
1Opinion of the CourtBurpee, J.
The facts stated above are the material facts in this case and they are not disputed. The defendants concede also that their contracts were broken by their failure to establish the stipulated credits, and that the resulting losses amounted to the sum for which judgment was rendered. The court below has found that this breach was designed, and the defendants’ refusal to perform and their intention to repudiate their contracts were first definitely and unquestionably made known to the plaintiffs, when the defendants evaded and ignored the written demands that they open the required credits, and…
2Cases cited14 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Wells v. Hartford Manilla Co.Supreme Court of Connecticut · 1903
- McDermott v. McDermottSupreme Court of Connecticut · 1921
- Cherry Valley Iron Works v. Florence Iron River Co.Court of Appeals for the Sixth Circuit · 1894
- Home Pattern Co. v. W. W. Mertz Co.Supreme Court of Connecticut · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bead Chain Manufacturing Co. v. Saxton Products, Inc.Supreme Court of Connecticut · 1981
- Bianco v. Town of DarienSupreme Court of Connecticut · 1969
- Lar-Rob Bus Corp. v. Town of FairfieldSupreme Court of Connecticut · 1976
- Gordon v. Indusco Management Corp.Supreme Court of Connecticut · 1973
- Hess v. Dumouchel Paper Co.Supreme Court of Connecticut · 1966
18 more not listed; retrieve them via the Exa API.