Bullinger v. Interboro Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Interboro Brewing Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of March, 1920, upon the verdict of a jury, 'and also from an order entered in the said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Interboro Brewing Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of March, 1920, upon the verdict of a jury, 'and also from an order entered in the said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes. On June 14, 1915, plaintiff, Bullinger, and defendant brewing company made a written agreement that recites a prior oral agreement whereby the defendant undertook to sell and the plaintiff to buy certain real estate…
1Opinion of the Court
Jenks, P. J.:
The plaintiff complains that as defendant ceased to manu-. facture beer on or about February 15, 1918, the plaintiff was compelled to buy beer from the Ebling Brewing Company at prices in excess of the fixed price in the agreement, and has recovered a verdict for such excess.' In addition to denials, the answer sets up several defenses, of which one is: “ Upon information and belief, defendant alleges that the plaintiff, in violation of the provisions of this agreement, did sell, use and give away in the said premises beer, sparkling ales and bottled beer not manufactured by the…
2Cases cited18 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Glacius v. . BlackNew York Court of Appeals · 1872
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Woodward v. . FullerNew York Court of Appeals · 1880
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3Cited by2 opinions
- Specialties Development Corp. v. C-O-Two Fire Equipment Co.Court of Appeals for the Third Circuit · 1953
- Cramer v. EssweinAppellate Division of the Supreme Court of the State of New York · 1927