Thomas v. . Gage
New York Court of Appeals
Appeal from a judgment of tile late General Term of the Supreme Court. in the third judicial department, entered February 21, 1895, affirming a judgment in favor of defendant entered upon a nonsuit granted at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The granting of the motion for a nonsuit by the trial court was error.
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Appeal from a judgment of tile late General Term of the Supreme Court. in the third judicial department, entered February 21, 1895, affirming a judgment in favor of defendant entered upon a nonsuit granted at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The granting of the motion for a nonsuit by the trial court was error. (Gildersleeve v. Landon, 73 N. Y. 609.) The time of performance mentioned in the contract, “by July 1, 1890, or as near thereafter as possible,” gave plaintiff a reasonable time for performance, due regard being had to his…
1Opinion of the CourtO'Brien, J.
The plaintiff in this action sought to recover damages for the breach of a written contract made with the defendant on the 20tli day of January, 1890, to make and place on the defendant’s lot in a cemetery a monument of stone, according to a design and specifications stipulated in the contract. The plaintiff and his partner agreed to do the work and furnish the material for-the sum of $4,485, but the defendant, before the completion of the work, rescinded the contract, and the plaintiff’s firm was thus prevented from executing the agreement. The plaintiff is the assignee of the contract, and…
2Cited by4 opinions
- Del Piatta v. MendozaAppellate Division of the Supreme Court of the State of New York · 1921
- Mignon v. Tuller Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- Harris v. . TaylorNew York Court of Appeals · 1899
- Einstein v. TutelmanAppellate Terms of the Supreme Court of New York · 1908