Hopedale Electric Co. v. Electric Storage Battery Co.
New York Court of Appeals
Appeal from, a judgment entered August 1, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions, ordered to he heard in the first instance by the Appellate Division, denying a motion for a new trial and directing . judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment entered August 1, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions, ordered to he heard in the first instance by the Appellate Division, denying a motion for a new trial and directing . judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant had, at most, an election either to make the stipulated test and thus relieve itself of liability to pay any “ farther sum ” to complete the contract price if the result were…
1Opinion of the CourtWillard Bartlett, J.
This action is brought by.-the Hope-dale Electric Company against the Electric Storage Battery Company to recover $500,000 for a breach of the following contract:
“ Memorandum of agreement, made this, eighteenth day of September, 1895, between the Hopedale Electric Company, a corporation established under and by virtue of the Laws of West Virginia, and the Electric Storage Battery Company, a corporation established under and by virtue of the Laws of the State of 27ew Jersey, Witnesseth: That the said Hopedale Electric Company agrees to sell, and the said Electric- Storage Battery Company…
2Cases cited2 opinions
- Humaston v. Telegraph Co.Supreme Court of the United States · 1874
- Waters Heater Co. v. MansfieldSupreme Court of Vermont · 1875
3Cited by7 opinions
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- E. I. Du Pont De Nemours Powder Co. v. SchlottmanCourt of Appeals for the Second Circuit · 1914
- Hopedale Electric Co. v. Electric Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Karrels v. KarrelsWisconsin Supreme Court · 1939
- Knudsten v. PhillipsAppellate Terms of the Supreme Court of New York · 1911
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