Edison Electric Illuminating Co. v. Thacher
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 27, 1919, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The exclusion of the several letters comprising the correspondence between plaintiff and defendant was reversible error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 27, 1919, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The exclusion of the several letters comprising the correspondence between plaintiff and defendant was reversible error. (Emmett v. Penoyer, 151 N. Y. 567; Cooper v. Payne, 186 N. Y. 334; 186 App. Div. 966; Routledge v. Worthington Co., 119 N. Y. 592; Akberg v. Kress Brewing Co., 65 Hun,…
1Opinion of the CourtCbane, J.
The Edison Electric Illuminating Company of Brooklyn entered into a contract with the defendant in writing dated March 31st, 1915, wherein the defendant agreed to furnish to the plaintiff iron manhole frame and cover castings as required in its business for a period of twelve months from April 1st, 1915. The defendant furnished 500 tons of these covers but refused to deliver any more at the contract .price. The contract price was $1.30 per 100 pounds, The plaintiff was obliged to buy 254,370 pounds in the market at $1.89 per 100 pounds, and thereafter sued for the difference in, cost, or…
2Cases cited5 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Emmett v. . PenoyerNew York Court of Appeals · 1897
- City of New York v. . Delli PaoliNew York Court of Appeals · 1911
- Cooper v. . PayneNew York Court of Appeals · 1906
3Cited by27 opinions
- Hml Corporation v. General Foods CorporationCourt of Appeals for the Third Circuit · 1966
- Bach v. Friden Calculating MacH. Co.Court of Appeals for the Sixth Circuit · 1946
- Matter of McNutt Co. v. EckertNew York Court of Appeals · 1931
- Nassau Supply Co. v. Ice Service Co.New York Court of Appeals · 1929
- In Re United Cigar Stores Co. of AmericaDistrict Court, S.D. New York · 1934
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