Baker v. Packard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mark Packard, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 30th day. of September, 1905, upon. the. verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 30th day of September, 1905, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, Mark Packard, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 30th day. of September, 1905, upon. the. verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 30th day of September, 1905, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 18th day of March, 1904, to recover damages claimed to have been sustained by the plaintiff on accoupt of a breach of contract alleged to have…
1Opinion of the Court
McLennan, P. J.:
The facts are not in dispute. The only question presented by this appeal is whether or not the correspondence which passed between the parties, consisting of three letters, two written for and on behalf of the plaintiff and one by the defendant, constitutes a valid and binding contract.
On the 24th day of October, 1903, McG-uire & Wood, attorneys at Rochester, FT. Y., for and on behalf of the plaintiff wrote to the defendant as follows:
*544“Dear Sir.— We are authorized by Miss Frances A. Baker, of this city, to give you on her behalf, and you may consider, this letter, an option to…
2Cases cited1 opinion
- Blanchard v. ArcherAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Bullock v. CuttingAppellate Division of the Supreme Court of the State of New York · 1913
- Carver v. BrittSupreme Court of North Carolina · 1955
- Valashinas v. KoniutoAppellate Division of the Supreme Court of the State of New York · 1953