Rosbach v. Sackett & Wilhelms Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Sackett & Wilhelms Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the Ith day of January, 1909, upon the verdict of a jury.
1Opinion of the Court
Jenks, J.:
The plaintiff recovered a judgment for breach of contract, and this appeal from the judgment is brought up upon the defendant’s exceptions. When the plaintiff offered in evidence the written contract between the parties, it was objected to as incompetent and not binding because it was void for indefiniteness, and if admissible, only to establish a technical breach that could not support substantial damages. The court thereupon ruled, under exception, that the contract was competent and that substantial damages could be proved under it. This contract witnessed that the defendant “…
2Cases cited10 opinions
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Gray v. . ShepardNew York Court of Appeals · 1895
- Petze v. Morse Dry Dock & Repair Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Price v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hill Cattle Corporation v. KillornMontana Supreme Court · 1927
- Marshall v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Preston v. PrestonNew York Supreme Court · 1941
- Consolidated Blasting Corp. v. Colabella Bros.New York Supreme Court · 1957
- Leibu v. Tri-Start Electronics, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
2 more not listed; retrieve them via the Exa API.