Studer v. . Bleistein
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hay 23, 1888, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts are sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hay 23, 1888, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts are sufficiently set forth in the opinion. Plaintiff is entitled to take advantage of the special findings as they are wholly irreconcilable with the general conclusion, if the latter is to be supported on the theory of actual performance. (Redfield v. Redfield, 110 N. Y. 671.) The plaintiff had a right to have the plates in his book…
1Opinion of the Court
Ruger, Ch. J.
This action was brought to recover damages for an alleged breach of contract by the defendants’ testator.
The plaintiff was the author and editor of a book called “ Studer’s Birds of North America,” and the defendants’ testator was engaged in the business of lithographic printing in colors and otherwise. The contract was in writing, and, so far as the questions in this case are concerned, was to the following effect: The defendants’ testator proposed in writing to the plaintiff “ to get out an edition of four thousand of each plate of your work, Birds of North America, best…
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- Day v. . PoolNew York Court of Appeals · 1873
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