Legal Opinion

Jones v. City of New York

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

Decided January 15, 1900PublishedCited by 10 opinions

Appeal by the plaintiffs, Charles Jones and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of June, 1899, upon the report of. a referee.

1Opinion of the Court

Barrett, J.:

The sole question here is whether the referee’s conclusion, that the plaintiffs were not entitled to the profits which they would have realized upon their contract but for the defendant’s breach' thereof, was correct. The referee found as a fact that the plaintiffs had performed the contract on their part until the defendant refused to pay an installment of $4,535.51, for which a certificate was duly made by the proper officials on the 24th day of March, 1898, which certificate entitled the plaintiffs to payment. He further found that “ at many different times the plaintiffs…

2Cases cited3 opinions

  1. William Wharton, Jr., & Co. v. WinchNew York Court of Appeals · 1893
  2. Equitable Co-Operative Foundry Co. v. HerseeNew York Court of Appeals · 1886
  3. Israel v. . Manhattan Railway Co.New York Court of Appeals · 1899

3Cited by10 opinions

  1. Wagstaff v. Remco, Inc.Utah Supreme Court · 1975
  2. M & W Masonry Construction, Inc. v. HeadCourt of Civil Appeals of Oklahoma · 1977
  3. Episcopo v. Mayor of New YorkNew York Supreme Court · 1901
  4. Merchants Transfer & Storage Co. v. Emerson-Brantingham Implement Co.Supreme Court of Iowa · 1918
  5. Carlin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909

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