Cody v. Dickinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James W. Dickinson, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Nassau on the 25th day of February, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of April, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
Plaintiffs seek to recover damages for breach of a contract with defendant to remove in three separate sections a large building situated in the village of Port Washington to three other locations in said village. The complaint alleged that by the contract, which was an oral one, defendant “agreed to *235furnish any and all rights of way that might be necessary for the removal of said sections of said building through any and all streets and highways of said Village of Port Washington,” and further alleged that on or about January 15, 1910, defendant broke said contract by refusing to…
2Cases cited3 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- City of New York v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1909