Legal Opinion
Duttweiler v. Jacobs
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 1928PublishedCited by 1 opinion
1Opinion of the CourtFinch, J.
The plaintiffs sued to recover damages for the repudiation by the defendant of a written contract entered into between the parties. The complaint was dismissed at the close of the plaintiffs’ case, the court holding that the contract was impossible of performance upon the part of the plaintiffs. It is *293necessary to reverse the judgment, as upon this record there is made out a prima facie case of breach of contract, but impossibility of performance does not appear.
The plaintiffs are residents and citizens of Switzerland. The parties to this action on August 24, 1926, in Switzerland, entered…
2Cases cited5 opinions
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
- Nash v. TowneSupreme Court of the United States · 1867
- Eustis Mining Co. v. Beer, Sondheimer & Co.District Court, S.D. New York · 1917
- Mecca Realty Co. v. Kellogg Toasted Corn Flakes Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Mecca Realty Company v. . Kellogg Toasted Corn Flakes Co.New York Court of Appeals · 1917
3Cited by1 opinion
- Utilities & Industries Corp. v. Palisades Interstate Park CommissionNew York Supreme Court · 1965