Legal Opinion

Engineer Co. v. Herring-Hall-Marvin Safe Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1912PublishedCited by 4 opinions

Appeal by the plaintiff, The Engineer Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of May, 1912, upon the decision of the court rendered after a trial at the New York Trial.Term, the jury having been withdrawn by consent, dismissing the complaint in an action to recover damages for breach of contract.

1Opinion of the Court

Clarke, J.:

After a considerable correspondence and negotiation between the secretary of the plaintiff company and the president of the defendant company, a written contract was entered into between said companies providing for the installation of certain economical blowers to be furnished by the plaintiff in the boiler room of the defendant’s factory for the sum of $3,000. Every element of an enforcible contract was contained therein,, but no time for the performance of the contract was therein stipulated.

Accompanying said contract and bearing the same date was a letter by the president of…

2Cited by4 opinions

  1. Hallmark Synthetics Corp. v. Sumitomo Shoji New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
  2. Sbarra v. TotolisAppellate Division of the Supreme Court of the State of New York · 1993
  3. In re the Estate of LeshukNew York Surrogate's Court · 1936
  4. Engineer Co. v. Herring-Hall-Marvin Safe Co.Appellate Division of the Supreme Court of the State of New York · 1913

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