Dannat v. . Fuller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 11, 1887, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The. nature of the action and the facts are sufficiently stated in the opinion. The unanswered letters of July twenty-first, twenty-third, thirtieth and of August eighth, were improperly admitted.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 11, 1887, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The. nature of the action and the facts are sufficiently stated in the opinion. The unanswered letters of July twenty-first, twenty-third, thirtieth and of August eighth, were improperly admitted. They were not part of the transaction in such sense as to make them admissible, (Tillotson v. Learned, 97 N. Y. 1.) A broader rule, of damages was permitted than can be…
1Opinion of the Court
This action was brought to recover damages for the alleged failure of the defendant to perform his contract within the time specified for the constructing and setting up on plaintiffs' premises of a circular sawing machine or mill.
The defendant had entered into an agreement with the plaintiffs in which he had agreed within the space of thirty days next after the date thereof to construct and set up, upon the plaintiffs' premises, a circular sawing machine, complete in every respect, according to the specifications embraced in the contract, with the capacity of sawing 10,000 feet of lumber…
2Cases cited2 opinions
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
- Cooke v. Odd Fellows' Fraternal UnionNew York Supreme Court · 1888
3Cited by22 opinions
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- Fifty States Management Corp. v. Niagara Permanent Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
- Long v. Pierce CountyWashington Supreme Court · 1900
- Ward v. HarenMissouri Court of Appeals · 1909
- Wheeling Mold & Foundry Co. v. Wheeling Steel & Iron Co.West Virginia Supreme Court · 1907
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