F. W. Carlin Construction Co. v. New York & Brooklyn Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from an interlocutory judgment of the Special Term, entered in the office of the clerk of the county of Kings on the 21st day of November, 1910.
1Opinion of the Court
Jenks, P. J.:
The opinion of Putnam, J., at Special Term is entirely satisfactory and renders superfluous any further discussion of the subject-matter thereof. We need but notice the point pressed here, that the pleading demurred to may be sustained on the theory of breach of contract. The essential features of that pleading are stated in the opinion of Putnam, J. The matter pleaded is so far without the limits of the contract that there cannot be question for fair debate and doubt upon that subject, and hence the theory of breach of contract cannot be sustained. (See Borough Const. Co. v.…
2Cases cited2 opinions
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Molloy v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Watson Lumber Co. v. GuennewigAppellate Court of Illinois · 1967
- Traitel Marble Co. v. Brown Bros.Appellate Division of the Supreme Court of the State of New York · 1913
- R & R Construction Co. v. Junior College District No. 529Appellate Court of Illinois · 1977