Stannard v. Atlantic Terra Cotta Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Atlantic Terra Cotta Company,. from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of March, 191Q, upon the decision of the court, rendered after a trial at the New' York Special Term, overruling the defendant’s demurrer to- the complaint.
1Opinion of the Court
Miller, J.:
The plaintiff made a contract with the court house commission of New Orleans, La., for the construction of ,a court house building, and subsequently entered into a contract with the Perth Amboy Terra Cotta Company, whereby the latter agreed to furnish and deliver the ornamental terra cotta for the building for the sum of $80,000. That contract was assigned to and its obligations were assumed by the defendant. By reason of the defendant’s breaches of the contract, the plaintiff was damaged in the sum of $32,000, and at the time of - the commencement of the action the defendant had…
2Cases cited1 opinion
- Chase v. Knickerbocker Phosphate Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Durant v. WhedonAppellate Division of the Supreme Court of the State of New York · 1922
- Smyrna Theatre Co. v. MissirAppellate Division of the Supreme Court of the State of New York · 1921
- Wrightsville Hardware Co. v. Assets Realization Co.Appellate Division of the Supreme Court of the State of New York · 1913