Crum v. Montgomery-Dotter Ice Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Crum, from an order of the Supreme Court, made at the Albany Trial Term and entered in the office of the clerk of the county of Albany on the 21st day of September, 1914, granting defendant’s motion to set aside the verdict of a jury in plaintiff’s favor for. $1,500, and for a new trial. •
1Opinion of the Court
Kellogg, J.:
The plaintiff entered into a contract with the defendant to remove the ice from its icehouses at seventeen cents a ton, and while he was performing the contract, May 4,1912, the defendant required him to discontinue the work. The action is brought to recover the prospective profits which the plaintiff might have earned if the contract had been performed by him. Thq jury found for the plaintiff $1,500 damages, and the court set the verdict aside and ordered a new trial upon the ground that it was against the weight of evidence, holding, in substance, that a full settlement had been…
2Cases cited2 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Wisner v. SchoppAppellate Division of the Supreme Court of the State of New York · 1898