Tuttle v. Smith
New York Supreme Court
Appeal from order setting aside the complaint for irregularity. The action, was brought to recover on three causes of actiom The complaint alleged for a first cause of action, that the defendant had entered into a written contract with one Sleight, by which it was agreed, among other things, that the defendant should invest a large capital in the purchase of grain to be ground by Sleight, and should pay him therefor at a specified rate.
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Appeal from order setting aside the complaint for irregularity. The action, was brought to recover on three causes of actiom The complaint alleged for a first cause of action, that the defendant had entered into a written contract with one Sleight, by which it was agreed, among other things, that the defendant should invest a large capital in the purchase of grain to be ground by Sleight, and should pay him therefor at a specified rate. That although Sleight duly performed the contract on his part, the defendant failed to do so in various respects, for which breach ten thousand dollars…
1Opinion of the Court
By the Court.*
Emott, J. Further reflection has only in*331duced me to adhere to the opinion expressed at special term, and upon which this motion was decided, that in an action for the recovery of damages occasioned by the breach of a contract, and which are unliquidated in their amount, the contract itself not being for the payment of money only, but for the performance of various other acts, with or without such payment, the summons should be in' the form given by subdivision 2 of section 129 of the Code, and contain a notice of an application to the court.
This question was presented to the…
2Cases cited2 opinions
- West v. BrewsterThe Superior Court of New York City · 1852
- Croden v. DrewThe Superior Court of New York City · 1854
3Cited by9 opinions
- Monson v. NelsonNorth Dakota Supreme Court · 1966
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Gordon v. GaffeyNew York Supreme Court · 1859
- Norton v. CaryNew York Supreme Court · 1862
- Wohlfarth v. National Export Ass'nNew York Supreme Court · 1907
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