Raymore Realty Co. v. Pfotenhauer-Nesbit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Raymore Realty Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of March, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York,Trial Term.
1Opinion of the Court
Miller, J.:
The action is for breach of contract. On the. 1st day of August, 1909, the plaintiff entered into a written contract with the defendant for the purchase of “about 100,000” Roman brick, to be delivered when ordered. The defendant knew that the brick was' intended for the courts, areas and front of an apartment house which the plaintiff was constructing on West One Hundred and Sixth street, between Amsterdam avenue and Broadway, borough of Manhattan. The plaintiff ordered the entire quantity to be delivered forthwith, and when the contract was made the defendant was informed that…
2Cases cited1 opinion
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Dibble v. JonesNew York Supreme Court · 1927