Warth v. . Liebovitz
New York Court of Appeals
Appeal from a judgment- of the Appellate Division of the Supreme Court in the second judicial department, entered June 19, 1903, modifying and affirming as modified a judgmerit in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment- of the Appellate Division of the Supreme Court in the second judicial department, entered June 19, 1903, modifying and affirming as modified a judgmerit in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was entitled to recover all the damages, present and prospective, which she suffered or would suffer by reason of the breach. (Howard v. Daly, 61 N. Y. 362; Nichols, v. S. S. Co., 137 N. Y. 471; Wharton & Co. v. Winch,…
1Opinion of the CourtWerner, J.
On the 21st day of September, 1899, the plaintiff executed a written proposal in which she agreed to furnish to the defendant a patented cloth cutting machine with electric motor and attachments. The price of installing it was to be §450.00. There was also to be paid a semi-annual royalty of §150.00 during the life of one patent dated February 16tli, 1892, and thereafter a semi-annual royalty of seventy-five dollars during the life of another patent dated December 20th, 1898. This proposal the defendant accepted by the execution of a written memorandum, in which he agreed to execute, after…
2Cases cited3 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- McCready v. . LindenbornNew York Court of Appeals · 1902
- Watson v. . RussellNew York Court of Appeals · 1896
3Cited by4 opinions
- Spitz v. LesserNew York Court of Appeals · 1951
- Barth v. Addie CompanyNew York Court of Appeals · 1936
- Margaret Gardner and D. H. Gardner v. Darling Stores CorporationCourt of Appeals for the Second Circuit · 1957
- Groth v. CommissionerUnited States Board of Tax Appeals · 1935