Canda v. Casey
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by John M. Canda and John P. Kane against John Casey on a quantum valebat for building material sold and delivered. Defendant interposed a counterclaim for damages for breach by plaintiff of an alleged express contract for the sale and delivery of such building material. There was a judgment in favor of plaintiffs, and defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
The complaint was upon a quantum valebat for certain building material, consisting of brick, lime, and cement, which was alleged to have been sold and delivered to the defendant; and the answer denied both the quantity and value of such material. For a further defense it was asserted that the delivery made was in furtherance of an express contract, which fixed the prices and terms of payment, and whereby the plaintiffs undertook to supply and sell, and the defendant assumed to receive and purchase, all the brick, lime, and cement necessary for the construction of certain houses on West…
Also in this document: Concurrence.
2Cases cited10 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Craighead v. . PetersonNew York Court of Appeals · 1878
- Trentor v. PothenSupreme Court of Minnesota · 1891
- Haydock v. . StowNew York Court of Appeals · 1869
- Jackson v. . TupperNew York Court of Appeals · 1886
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3Cited by2 opinions
- Landskroener v. HenningMichigan Supreme Court · 1923
- Ernst v. Cary Safe Co.New York Supreme Court · 1920