Schlottmann v. E. I. Du Pont de Nemours Powder Co.
U.S. Circuit Court for the District of Southern New York
At Law. Action by William H. Schlottmann against the E. I. Du Font de Nemours Powder Company. On demurrer to complaint.
1Opinion of the Court
LACOMBF, Circuit Judge.
This case seems to be clearly within the various decisions in the Hopedale and Storage Battery controversy. *310Hopedale Electric Co. v. Electric Storage Battery Co., 39 App. Div. 451, 57 N. Y. Supp. 422; Id., 96 App. Div. 344, 89 N. Y. Supp. 325; Id., 184 N. Y. 356, 77 N. E. 394. To recover damages for the breach there should be averments that plaintiff was damaged by defendant’s wrongful acts in depriving him of the opportunity to have a test made of the value of the property. In so deciding the court is not to be understood as expressing any opinion on the measure of…
2Cases cited3 opinions
- Hopedale Electric Co. v. Electric Storage Battery Co.New York Court of Appeals · 1906
- Hopedale Electric Co. v. Electric Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hopedale Electric Co. v. Electric Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1899