Birnhak v. Hollender
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court, fifth district, borough of' Manhattan.
1Opinion of the CourtMacLeae, J.
Testimony was given at the trial of this action tending to establish that the plaintiff undertook with the defendant to furnish certain material, and, by himself and others, to do certain work for the sum of sixty dollars, and that after part performance he was prevented by the defendant from completing his undertaking. Thereupon he was awarded a judgment for the full sum of sixty dollars. This was contrary to law, for, according to the well-settled rule respecting the measure of damages in an action for a violation of an executory agreement, the party who has been wrongfully deprived of the…
2Cases cited1 opinion
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
3Cited by3 opinions
- Filmline (Cross-Country) Productions, Inc. v. United Artists Corp.District Court, S.D. New York · 1987
- Alm v. Unified Church Structures, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Thacke v. HernsheimAppellate Terms of the Supreme Court of New York · 1909