Molloy v. Whitehall Portland Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank W. Molloy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 10th day of February, 1905,.upon the dismissal of :the complaint upon the merits by direction of the court, after a trial at the Westchester Trial Term, and also from an.order entered in said clerk’s office on the lOtli day of February, 1905, denying the plaintiff’s motion for a new trial made upon…
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Appeal by the plaintiff, Frank W. Molloy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 10th day of February, 1905,.upon the dismissal of :the complaint upon the merits by direction of the court, after a trial at the Westchester Trial Term, and also from an.order entered in said clerk’s office on the lOtli day of February, 1905, denying the plaintiff’s motion for a new trial made upon .the minutes.
1Opinion of the Court
Jenks, J.:
This is an action for damages for breach of contract of sale. The plaintiff complains that on September 18, 1901, the defendant agreed to sell and to deliver to him a quantity of cement at the price of one dollar and twenty cents per barrel; that up to December 26, 1901, the parties proceeded in performance, but that on' September 4, 1902, the defendant refused further performance. The *840defendant admits' that it sold and-delivered to the plaintiff a certain .quantity of cement prior to December 26,1901, that it has refused to furnish cement upon a demand, and otherwise denies the…
2Cases cited9 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Hull v. . LittauerNew York Court of Appeals · 1900
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Bagley v. . BoweNew York Court of Appeals · 1887
- Edwards v. . DooleyNew York Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Maher v. BenedictAppellate Division of the Supreme Court of the State of New York · 1908
- Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925
- Atwater v. Lober, New York County Courts1929
- Powers v. WilsonAppellate Division of the Supreme Court of the State of New York · 1922
- Kaplan v. Friedman Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
5 more not listed; retrieve them via the Exa API.