Legal Opinion

Demarest v. Dunton Lumber Co.

U.S. Circuit Court for the District of Southern New York

Decided February 21, 1907Published

At Law. Motion to set aside verdict and for a new trial on the grounds that the verdict is contrary to and unsupported by the evidence: and that, if in any view plaintiff can maintain the action, the damages are excessive.

1Opinion of the Court

RAY, District Judge.

This action was brought by the above-named plaintiff, Charles R. Demarest, assignee of one Alfred Van-horn, to recover the damages which Vanhorn claimed he sustained by the failure of the defendant, the Dunton Lumber Company, to perform a written contract made by it with W. E. Kelley & Co. for the sale and delivery of lumber to Kelley & Co.(1) December 11, 1900, W. E. Kelley & Co., of Portland, Me., as party of the first part, entered into a written contract with the Dunton Lumber Company, of the same state, as party of the second part, whereby the first party agreed to…

2Cases cited14 opinions

  1. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  2. Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
  3. Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
  4. Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
  5. Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892

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