Legal Opinion

Haddam Granite Co., Inc. v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1909PublishedCited by 3 opinions

Appeal by the plaintiff, the Haddam Granite Company, Incorporated, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 11th day of June, 1908 (as amended by an order entered on the 26th day of June, 1908), upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office…

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Appeal by the plaintiff, the Haddam Granite Company, Incorporated, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 11th day of June, 1908 (as amended by an order entered on the 26th day of June, 1908), upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 2d day of June, 1908, as amended by an order entered on the 10th day of June, 1908, denying the plaintiff’s motion…

1Opinion of the Court

LaughLin, J.:

This is an action to recover damages for breach of contract. The plaintiff is a foreign corporation engaged in quarrying and selling granite blocks for paving. On the 30th day of March, 1903, the *686general manager of plaintiff, who was also the treasurer, opened negotiations with defendant with a view to selling to defendant granite blocks. Prior to the twenty-seventh day of May thereafter these negotiations had progressed to the extent that the price had been agreed upon, but not the quantity or the time for making the deliveries, and on the verbal order of the defendant the…

2Cases cited2 opinions

  1. Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
  2. Haddam Granite Co. v. Brooklyn Heights RailroadNew York Court of Appeals · 1906

3Cited by3 opinions

  1. Alpha Portland Cement Co. v. Schratwieser Fireproof Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
  2. Spiegel, May, Stern Co. v. MitchellNew York Supreme Court · 1925
  3. East Coast Oil Co. v. HollinsAppellate Division of the Supreme Court of the State of New York · 1918

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