Legal Opinion

Lehmaier v. Standard Specialty & Tube Co.

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

Decided January 17, 1908PublishedCited by 5 opinions

Appeal by the defendant, the Standard Specialty and Tube Company, 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 25th day of April, 1907, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 25th. day of April, 1907, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Ingraham, J.:

This action'was brought to recover the damages caused by the . defendant’s breach of a contract made January 8, 1904, whereby the defendant agreed to purchase from the plaintiffs-the entire supply of metal used by it in making collapsible tubes and ketchup caps between January 8, 1904, and January 8,1907,'the metal to be rolled to the thickness required and to be satisfactory in every respect, and to refrain from selling to any one but the defendant coated metal for making collapsible tubes during the period covered by the contract.

The complaint alleges that the plaintiffs…

2Cases cited1 opinion

  1. McMaster v. . the State of New YorkNew York Court of Appeals · 1888

3Cited by5 opinions

  1. Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.New York Court of Appeals · 1917
  2. Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.New York Court of Appeals · 1915
  3. Meyer Bros. Drug Co. v. McKinneyAppellate Division of the Supreme Court of the State of New York · 1910
  4. Goepel v. Kurtz Action Co.Appellate Division of the Supreme Court of the State of New York · 1917
  5. Meyer Bros. Drug Co. v. McKinneyAppellate Division of the Supreme Court of the State of New York · 1910

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