Legal Opinion
Spindel v. Cooper
Appellate Terms of the Supreme Court of New York
Decided March 15, 1905PublishedCited by 4 opinions
Appeal from a judgment of the City Court of the city of ¡New York, dismissing, the plaintiff’s complaint.
1Opinion of the CourtScott, J.
It is quite true that ordinarily one who seeks damages for breach.of a contract must allege full performance upon his own part. There are cases, however, in which it is permitted to allege something short of full performance, with a sufficient excuse for nonperformance. Such a case is presented where the plaintiff’s contract is for the rendition of personal services, and the excuse for nonperformance is sickness. Wolfe v. Howes, 20 N. Y. 197. Undoubtedly an employer is not bound to wait an unreasonable time for his employee to recover (McCarrigle v. McCosker, 83 App. Div. 184), but the…
2Cases cited2 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- McGarrigle v. McCoskerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Fahey v. KennedyAppellate Division of the Supreme Court of the State of New York · 1930
- Natelson v. GottliebAppellate Terms of the Supreme Court of New York · 1915
- Rubin v. International Film Co.City of New York Municipal Court · 1924
- People ex rel. Peixotto v. Board of EducationNew York Supreme Court · 1913