Stecker v. Weaver Coal & Coke Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by .the defendant,, the Weaver Coal and Coke Com-pony, from a judgment of the Supreme Court in favor of the. plaintiff, entered-in the office of the clerk of the county of Westchester on the lltii day of April, -1905, upon the verdict of a jury, and also from an order entered in ,said clerk’s office on the 27th day of April, 1905, denying the defendant’s motion for á new-trial made upon the minutes. - • ' ' Action for damages for failure to deliver 308 long tons of…
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Appeal by .the defendant,, the Weaver Coal and Coke Com-pony, from a judgment of the Supreme Court in favor of the. plaintiff, entered-in the office of the clerk of the county of Westchester on the lltii day of April, -1905, upon the verdict of a jury, and also from an order entered in ,said clerk’s office on the 27th day of April, 1905, denying the defendant’s motion for á new-trial made upon the minutes. - • ' ' Action for damages for failure to deliver 308 long tons of coal at Mt. Vernon, Westchester-county, ELY., within tire contract time. The plaintiff purchased 308 long tons of…
1Opinion of the Court
Gaynor, J.:
The learned trial judge charged the jury that if they found for the plaintiff his measure' of damage was the profit at which he could have sold the coal at retail at Mt. Vernon if it had arrived in contract time, viz., $1,200, plus the difference between the pur-, chase price and the sum he received for the coal at retail,,, viz., $1,400, which would make a total of $2,800, which with interest would be $3,200: These were the figures given by the learned trial judge to the jury. They were within the evidence and were not objected to. The jury followed them and rendered; a vérdict…
2Cases cited2 opinions
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
3Cited by7 opinions
- Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.New York Court of Appeals · 1915
- Smith v. New York, Ontario & Western RailroadNew York Supreme Court · 1922
- Werfel v. United StatesDistrict Court, S.D. New York · 1948
- Goepel v. Kurtz Action Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Hunt v. Engels Tractor Co.Appellate Division of the Supreme Court of the State of New York · 1933
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