Chase v. . Second Avenue Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made at the May term, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 16 J. & S. 220.) This action was brought to recover damages for an alleged breach of contract. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made at the May term, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 16 J. & S. 220.) This action was brought to recover damages for an alleged breach of contract. The material facts are stated in the opinion. Where a contract, void by the statute of frauds, has been partly performed, the law will imply a contract of some kind to prevent a wrong. (Mavor v. Payne, 2 C. & P. 91; Gray v. Hill, Ry. &…
1Opinion of the CourtEarl, J.
In August, 1876, the plaintiff entered into a written contract with the defendant whereby, in consideration of $1,200 per year payable in monthly installments of $100 each, he was to have the exclusive right to place advertisements in its cars for two years from the 30th day of December o'f that year. In pursuance of that contract he placed and kept advertisements in the cars for the two years, and paid the stipulated compensation. After the expiration of the two years, without any further agreement, he continued to place and keep advertisements in the cars until May 1, 1881, making the…
2Cases cited2 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Chamberlain v. . PrattNew York Court of Appeals · 1865
3Cited by12 opinions
- Crutchfield v. City of WarrensburgMissouri Court of Appeals · 1888
- Graham v. TuckerSupreme Court of Florida · 1908
- Likes v. City of RollaMissouri Court of Appeals · 1914
- W. W. Cook & Son v. City of CameronMissouri Court of Appeals · 1910
- Cinefot International Corp. v. Hudson Photographic Industries, Inc.New York Court of Appeals · 1963
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