Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as .material, are stated in the opinion. The trial court adopted and submitted to the jury an erroneous measure of damages. (Meyer Bros. Drug Co. v. McKinney, 137 App. Div. 541; 203 N. Y. 533; Isaacs v. Terry & Tench Co., 125 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as .material, are stated in the opinion. The trial court adopted and submitted to the jury an erroneous measure of damages. (Meyer Bros. Drug Co. v. McKinney, 137 App. Div. 541; 203 N. Y. 533; Isaacs v. Terry & Tench Co., 125 App. Div. 532; Stecker v. Weaver C. & C. Co., 116 App. Div. 772; Saxe v. Penokee Lumber Co., 159 N. Y. 371; Parsons v. Sutton, 66…
1Opinion of the CourtHogan, J.
The plaintiff, a domestic corporation, engaged in the manufacture of paper, sought in this action to recover damages by reason of an alleged breach of contract on the part of the defendant, a domestic corporation engaged in the lithographic business, and also in the manufacture of paper boxes used for putting up prepared breakfast foods. The contract between the parties is evidenced by two letters, the material portions of which follow:
October 10th, 1907, the plaintiff wrote to the defendant:
“ Conforming to the request of Mr. Conly I am writing to say that we will take your order for 1,000…
2Cases cited12 opinions
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Todd v. . GambleNew York Court of Appeals · 1896
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- Newhall v. . AppletonNew York Court of Appeals · 1889
- Ware Bros. v. Cortland Cart & Carriage Co.New York Court of Appeals · 1908
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3Cited by16 opinions
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- Electric Reduction Co. v. Colonial Steel Co.Supreme Court of Pennsylvania · 1923
- B. M. Heede, Inc. v. RobertsNew York Court of Appeals · 1952
- Gumbinsky Bros. v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1922
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