Legal Opinion · Dissent
Bryce v. Wilde
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1972Published
1Dissent
Simons, J. (dissenting).
An action for tortious interference
rests upon proof that the defendants intentionally interfered, without justification, with the business rights of plaintiff.1 (Campbell v. Gates, 236 N. Y. 457.) In order to recover, the *294plaintiff must establish that he would have performed the contract, but for the tortious interference of defendants. (Williams & Co. v. Tuttle & Co., 6 A D 2d 302.)
There are three reasons why Bryce should not recover here. First, he failed to show any reasonable expectation of being able to perform his contract in accordance with its terms. At no…
2Cases cited6 opinions
- Campbell v. . GatesNew York Court of Appeals · 1923
- Newberry & Co. v. George W. Warnecke & Co.Appellate Division of the Supreme Court of the State of New York · 1944
- Newberry Company, Inc. v. George W. Warnecke Co.New York Court of Appeals · 1944
- Basch v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1935
- Basch v. Salvation ArmyNew York Court of Appeals · 1936
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