O'Gara v. Ellsworth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edwin H. Ellsworth and others, from a judgment of the. Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schuyler on the 31st day of December, 1902, upon the report of a referee.
1Opinion of the Court
Houghton, J.:
The plaintiff brings this action as assignee of the firm of O’G-ara, King & Co., to recover damages against the defendants for breach of a contract alleged to have been made by them to sell to said firm 5,000 tons of Crescent coal.
During the period covered by the controversy the defendants controlled the entire output of the Crescent colliery located in the vicinity of Coxton, Penn.
The alleged contract between the defendants and the plaintiff’s assignors was embraced in numerous letters, telegrams and price list circulars, quite ambiguous as constituting a binding contract on the…
2Cases cited5 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Cahen v. . PlattNew York Court of Appeals · 1877
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- Wehle v. . HavilandNew York Court of Appeals · 1877
- Durst v. . BurtonNew York Court of Appeals · 1872
3Cited by3 opinions
- Hughes Tool Co. v. United Artists Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Forsstrom v. Utility Steel Co.New York City Court · 1928
- Sheldon v. Argos Mercantile Corp.Appellate Division of the Supreme Court of the State of New York · 1920