Legal Opinion
Hawthorne Steel Corp. v. Arlington Steel Corp.
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 1956Published
1Opinion of the CourtBreitel, J.
The learned Special Referee, after a nonjury trial, rendered judgment in favor of plaintiff for nominal damages for nondelivery in an action based upon the sale of 400 tons of French steel. Plaintiff appeals on the ground that compensable damages should have been awarded. Defendant appeals on the ground that the complaint should have been dismissed.
The complaint was properly sustained in view of the proof, but compensable damages for nondelivery should have been awarded to plaintiff.
Plaintiff is the assignee of Runnymede Iron & Steel Corporation. Runnymede, however, is not the original…
2Cases cited4 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- Orester v. Dayton Rubber Manufacturing Co.New York Court of Appeals · 1920
- Sander Tilatitsky, Inc. v. Raymond-Hadley Co.Appellate Terms of the Supreme Court of New York · 1926