Darrow v. Cornell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Stephen Cornell, -as executor, etc, of Jacob N. Doty, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered-in the office of the elerk of'the county of Washington on the 5th day of Hay, 1896, upon the¡ report of a referee for the sum of $1,460 and costs.
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Appeal by the defendants, Stephen Cornell, -as executor, etc, of Jacob N. Doty, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered-in the office of the elerk of'the county of Washington on the 5th day of Hay, 1896, upon the¡ report of a referee for the sum of $1,460 and costs. On or about the 6th day of March, 1889, the plaintiff and one Jacob N. Doty entered into a written agreement whereby the said Doty promised and agreed to sell and deliver certain real estate described in such agreement “ by a good and sufficient deed of conveyance, with…
1Opinion of the CourtHerrick, J.
It will be observed from the foregoing statement of facts that the referee not only allowed the liquidated damages provided for in the nontract, but.also other damages alleged to have been suffered by the plaintiff by reason of its non-fulfillment.
Ordinarily, where there is a stipulation and agreement in a contractus to: the amount of damages'that are to be paid by either parry for a breach of such contract, no question of fact can arise except as to the breach of the contract; that being found, the stipulation for liquidated damages fixes the amount of recovery,
There .are cases, however,…
2Cases cited1 opinion
- Schiffer v. . DietzNew York Court of Appeals · 1881
3Cited by9 opinions
- City of New York v. Seely-Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Simmons v. Ocean CausewayAppellate Division of the Supreme Court of the State of New York · 1897
- Nodine v. StateNew York Court of Claims · 1948
- Foland v. Italian Savings BankAppellate Division of the Supreme Court of the State of New York · 1908
- Beechwood Gun Club, Inc. v. City of BeaconNew York Supreme Court · 1933
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