Fairchild v. City & County Contract Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City and County Contract Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 3d day of April,. 1912,. upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the complaint. '
1Opinion of the Court
Burr, J.:
In May, 1906, James L. Reynolds was the owner of a tract of land situated in the village of Pelham, Manor. On June 25, 1908,- he conveyed to John F. Fairchild an undivided one-fourth interest of that portion of said tract still remaining in his ownership, together with “a one-fourth beneficial interest” in a certain contract previously made with defendant. James L. Reynolds having died, this action is brought by his personal representatives and Fairchild to recover damages for a breach of said contract. This appeal comes from an interlocutory judgment overruling defendant’s demurrer,…
2Cases cited9 opinions
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Warren Chemical & Manufacturing Co. v. HolbrookNew York Court of Appeals · 1890
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
- Wing v. . Ansonia Clock Co.New York Court of Appeals · 1886
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3Cited by4 opinions
- North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
- Panzieri-Hogan Co. v. BenderAppellate Division of the Supreme Court of the State of New York · 1922
- Fairchild v. City & County Contract Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Sherrill v. BullNew York Supreme Court · 1927