Wigand v. . Bachmann-Bechtel Brewing Co.
New York Court of Appeals
Appeal from a judgment, entered October 4, 1915, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated'in the opinion.
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Appeal from a judgment, entered October 4, 1915, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated'in the opinion. The contract obligated the defendant to operate its plant and to produce and furnish to the plaintiff its product of wet grains for a period of five years or until 500,000 barrels of beer shall have been brewed. (Mansfield v. N. Y. C. & H. R. R. R. Co., 102…
1Opinion of the CourtChase, J.
The defendant, a corporation engaged in the business of brewing beer, produced as a by-product a large quantity of wet grains of little value. The plaintiff had been for several years engaged in the business of constructing and' installing grain drying plants to convert such wet grains into a marketable cattle food. They entered into a contract by which the plaintiff agreed, (a) to install at the defendant’s brewery a complete grain drying plant as specifically provided and have it ready for use on or before June 1, 1910; (b) to advance to the defendant $5,000 or so much thereof as may be…
2Cases cited8 opinions
- Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Grossman v. . SchenkerNew York Court of Appeals · 1912
- Simon v. . EtgenNew York Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- 407 East 61st Garage, Inc. v. Savoy Fifth Avenue Corp.New York Court of Appeals · 1968
- Megaris Furs, Inc. v. Gimbel Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- Marvin Stern, and Cross-Appellant v. Satra Corporation and Satra Consultant Corporation, and Cross-AppelleesCourt of Appeals for the Second Circuit · 1976
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