Cragin v. O'Connell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James O’Connell and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of June, 1899, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term.
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Appeal by the defendants, James O’Connell and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of June, 1899, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term. The action was brought to recover for the breach of a contract for the sale of certain shares of stock. ■ The contract, which is set out in the defendant’s answer, provided as follows: “ That the said Edwin M. Cragin, party of the first part, agrees to sell to James…
1Opinion of the Court
Patterson, J. :
The plaintiff sued to recover for the breach of a contract for the sale of forty-five shares of the capital stock of the O’Connell & Hillery Lime and Marble Dust Company. In the complaint, he sets forth the malting of the contract (which was in writing) and states that he “ agreed to sell to the defendants forty-five shares of the capital stock of The O’Connell and Hillery Lime and Marble Dust Company, of the par value of §100 per share, together with any dividends accrued or to accrue thereon, for the sum of §4,500 and interest on said sum at the rate of six per cent per annum…
2Cases cited3 opinions
- Sanborn v. BenedictIllinois Supreme Court · 1875
- Jacquelin v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Westfall v. PeacockNew York Supreme Court · 1872
3Cited by3 opinions
- Scott v. MillerAppellate Division of the Supreme Court of the State of New York · 1906
- Lincoln v. United StatesUnited States Court of Claims · 1915
- Lajam v. Abraham Sahdala & Son Corp.Appellate Division of the Supreme Court of the State of New York · 1918