Legal Opinion

William Wharton, Jr., & Co. v. Winch

New York Court of Appeals

Decided December 5, 1893PublishedCited by 41 opinions

Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, ■entered upon an order made July 26, 1892, which overruled plaintiff’s exceptions, taken upon a trial which resulted in a verdict in favor of defendant directed by the court, denied a motion for a new trial and directed judgment in favor of defendant. This was an action to recover damages for an alleged breach ■of contract.

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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, ■entered upon an order made July 26, 1892, which overruled plaintiff’s exceptions, taken upon a trial which resulted in a verdict in favor of defendant directed by the court, denied a motion for a new trial and directed judgment in favor of defendant. This was an action to recover damages for an alleged breach ■of contract. The facts, so far as material, are stated in the opinion. The defendant’s failure to make the payments stipulated^ he made upon the delivery in Lincoln of the…

1Opinion of the CourtMaynard, J.

Defendant was the contractor for the construction of a street railway in Lincoln, Nebraska, and entered into - an agreement with plaintiff by the terms of which the latter was to furnish the materials and labor for the entire construction of the railway tracks in consideration of the sum of $56,000, to be paid by the defendant as follows: $5,000 within five days after the execution of the agreement; the market value with the freight added of the materials needed for the construction of the tracks whenever and as soon as delivered in Lincoln ; $11,200 when a half mile of double track shall…

2Cases cited1 opinion

  1. Nichols v. Scranton Steel Co.New York Court of Appeals · 1893

3Cited by41 opinions

  1. BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
  2. New York Life Insurance v. ViglasSupreme Court of the United States · 1936
  3. Anderson v. John L. Hayes Construction Co.New York Court of Appeals · 1926
  4. McCready v. . LindenbornNew York Court of Appeals · 1902
  5. Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918

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