New York State Monitor Milk Pan Co. v. Remington
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 1, 1886, which reversed a judgment in favor of plaintiff entered upon the report of a referee and ordered a new trial before another referee. (Reported below, 41 Hun, 218.) This action was brought to recover damages for an alleged breach of a contract for the manufacture and sale of certain milk-coolers. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 1, 1886, which reversed a judgment in favor of plaintiff entered upon the report of a referee and ordered a new trial before another referee. (Reported below, 41 Hun, 218.) This action was brought to recover damages for an alleged breach of a contract for the manufacture and sale of certain milk-coolers. The facts, so far as material, are stated in the opinion. The referee adopted the correct rule of damages. (14 N. Y. 597; 36 id. 93; 34 id. 634; 39 id. 53.)
1Opinion of the CourtFinch, J.
We "may assume, without deciding, that the plaintiff established a cause of action which entitled it to recover damages for the defective milk pans, and yet its recovery cannot be sustained for any such amount as that actually awarded. Each cooler manufactured consisted of separable parts, and a defect in one of those parts could be remedied without in the least affecting or destroying the value of the others. Each cooler consisted of an iron frame or standard, supporting a vat, in which the enameled pans were placed. The latter were movable and separable from the rest of the structure, and…
2Cited by4 opinions
- Beeman v. . BantaNew York Court of Appeals · 1890
- May v. GeorgerAppellate Terms of the Supreme Court of New York · 1897
- Anthony v. Moore & Munger Co.Appellate Division of the Supreme Court of the State of New York · 1909
- O'Brien v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1898