Goodsell v. Western Union Telegraph Co.
New York Court of Appeals
Gross-appeals from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 5, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. There was no breach of a contract made with plaintiff: individually.
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Gross-appeals from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 5, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. There was no breach of a contract made with plaintiff: individually. (Berkely v. Hardy, 5 B. & C. 355.) The referee and the court below erred in finding that the evidence established a total breach of the contract under the second cause of action. (Wakeman v. W. & W. M. Co., 101 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought to recover an alleged balance due upon a contract, and damages fora breach thereof.
The defense was that the contract was illegal and not made with the plaintiff; that there was nothing due thereon, and that there had been no breach thereof by the defendant.
The agreement was made and entered into on the 21st day of January, 1881, between the Atlantic and Pacific Telegraph Company of the first part, and the National Associated Press, James H. Goodsell, President, party of the second part. By its provisions the National Associated Press undertook to furnish news to be…
2Cited by2 opinions
- Davis v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
- Woodard v. KilburnNew Mexico Supreme Court · 1941