Legal Opinion

Elias v. Wright

Court of Appeals for the Second Circuit

Decided November 16, 1921No. 28PublishedCited by 11 opinions

In Error to the District Court of the United States for the Eastern District-of New York. Action by Benjamin D. Wright against Joseph Elias for breach of contract. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

MANTON, Circuit Judge.

[1] The parties to this action on August 20, 1917, entered into a written contract, pursuant to which the plaintiff in error obligated himself to furnish, deliver, and set in place, including all putty, all glass of every description required to complete a large power house then in process of construction at Chester, Pa., known as the “Chester Waterside Station.” The defendant in error agreed to pay for such work, labor, and services the sum of $12,700. The plaintiff in error breached this contract, by failing to carry out or attempting to carry out any of its…

2Cases cited4 opinions

  1. Howard Supply Co. v. WellsCourt of Appeals for the Sixth Circuit · 1910
  2. Elmohar Co. v. . People's Surety Co.New York Court of Appeals · 1916
  3. Along-the-Hudson Co. v. AyresAppellate Division of the Supreme Court of the State of New York · 1915
  4. Murphy v. MitchellDistrict Court, N.D. New York · 1917

3Cited by11 opinions

  1. Harris & Harris Construction Co. v. Crain & Denbo, Inc.Supreme Court of North Carolina · 1962
  2. State v. Northwestern Construction, Inc.Alaska Supreme Court · 1987
  3. Samuels v. Illinois Fire Insurance CompanyMissouri Court of Appeals · 1962
  4. Sofarelli Bros. v. ElginCourt of Appeals for the Fourth Circuit · 1942
  5. Eric Soby, D/B/A Soby Painting Co., and United States Fidelity and Guaranty Company v. Lloyd W. Johnson and Max J. Kuney, D/B/A Kuney Johnson CompanyCourt of Appeals for the Ninth Circuit · 1959

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