Delafield v. J. K. Armsby Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. Action by Richard Delafield and others against The J. K. Armsby Company. From a judgment for defendant, plaintiffs appeal.
1Opinion of the CourtMcLAUGHEIN, J.
This action was brought to recover damages for the breach of an alleged contract to deliver 38,000 cases of canned salmon. The defendant denied the making of the contract. The evidence adduced at the trial was directed towards this issue, and at the conclusion of the plaintiffs’ case the complaint was dismissed, the learned trial justice holding that the plaintiffs had failed to establish the execution of a contract.
The judgment appealed from cannot be sustained. At the conclusion of plaintiffs’ case, upon the proofs as they then stood, it was for the jury to say whether or not a contract had…
2Cited by2 opinions
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1909