Legal Opinion
Master Contracting Corp. v. M. F. Hickey Co.
New York Supreme Court
Decided March 15, 1949PublishedCited by 2 opinions
1Opinion of the CourtDaly, J.
Defendant moves to dismiss the complaint for legal insufficiency (Rules Civ. Prac., rule 106, subd. 5).
According to the complaint, the parties entered into a written agreement on May 23, 1948, for the purchase by the plaintiff and the sale by the defendant of ready-mixed concrete. The plaintiff demanded at various times that the defendant deliver various quantities of such concrete, which the defendant refused in violation of the terms of the agreement, as a result of which it was necessary for the plaintiff to purchase concrete from other sources at a higher price, all to its damage in the…
2Cases cited6 opinions
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
- Abrams v. AllenNew York Court of Appeals · 1947
- Wainwright & Page, Inc. v. Burr & McAuley, Inc.New York Court of Appeals · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hoffer v. CorwinPort Jervis City Court · 1970
- Master Contracting Corp. v. M. F. Hickey Co.Appellate Division of the Supreme Court of the State of New York · 1949