Witherbee v. . Meyer
New York Court of Appeals
Appeal from a judgment of the late Glen eral Term of the Supreme Court in the third judicial department, entered October 4, 1894, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover damages for breach of contract and to compel specific performance. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late Glen eral Term of the Supreme Court in the third judicial department, entered October 4, 1894, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover damages for breach of contract and to compel specific performance. The facts, so far as material, are stated in the opinion. The evidence received on the question of damages was incompetent, and the rule of damages adopted by the referee was erroneous. (Smith v. Coudry, 17 Pet. 20; Wood’s Mayne on Dam. [1st Am. ed.] 36; Fox v. Harding, 7 Cush. 576;…
1Opinion of the Court
Parker, Ch. J.
The only question presented on this review is whether the referee adopted a correct rule of damages. The plaintiffs were awarded damages in the sum of $3,119.50, because of the defendant’s failure to perforin, as he had oblir gated himself to do, the agreement of his predecessor in title to furnish sufficient water power to run and operate the shafting, gearing, millstones, machines and machinery contained in a certain grist mill, then the property of the Whitehall Water Power Company. The amount of water power actually afforded to the plaintiffs was twelve horse, whereas,…
2Cases cited5 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Griffin v. . ColverNew York Court of Appeals · 1858
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
- Freeman v. CluteNew York Supreme Court · 1848
3Cited by54 opinions
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
- Care Travel Company, Ltd. v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1991
- Weiss v. Revenue Building & Loan Ass'nSupreme Court of New Jersey · 1936
- Cramer v. . Grand Rapids Show Case Co.New York Court of Appeals · 1918
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