Sherry v. Federal Terra Cotta Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Sherry, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26 th day of April, 1915, upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case, and also from an order entered in said clerk’s office on the 23d day of April, 1915, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Louis Sherry, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26 th day of April, 1915, upon a dismissal of the complaint by direction of the court at the close of the plaintiff’s case, and also from an order entered in said clerk’s office on the 23d day of April, 1915, denying the plaintiff’s motion for a new trial made upon the minutes. The judgment awarded defendant damages upon a counterclaim.
1Opinion of the Court
Scott, «L
The plaintiff sues for damages for defendant’s refusal to fulfill a contract to furnish terra cotta trim for a building erected by plaintiff. Defendant counterclaims for damages arising out of plaintiff’s refusal to fulfill the same contract. That the contract was made and that it was never fulfilled by either party is conceded, and the ultimate question involved is as to which party is chargeable with the breach.
At the trial the court dismissed the complaint and submitted the question as to the amount of defendant’s damages to the jury, thus deciding, as matter of law, that it was…
2Cases cited1 opinion
- Walsh v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Hartzell v. BurdickAlbany City Court · 1977