Kemp v. . Knickerbocker Ice Co.
New York Court of Appeals
Appeal from judgment of the General Term of the court of Common Pleas of the city and county of New York modifying, and affirming as modified, a judgment entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for the alleged breach of two contracts between the parties.
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Appeal from judgment of the General Term of the court of Common Pleas of the city and county of New York modifying, and affirming as modified, a judgment entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for the alleged breach of two contracts between the parties. The first contract was executed February 25th, 1864, by which defendant agreed to sell and deliver to plaintiffs 2,000 tons of ice per annum for nine years, the same to be delivered daily at such depot or depots in the city of New York as plaintiffs might designate, the ice to…
1Opinion of the CourtEarl, J.
The plaintiffs were, for many years, retail dealers in the city of New York in ice, and the defendant was a wholesale dealer. In February, 1864, the defendant entered into contract with the plaintiffs to deliver to them 2,000 tons of ice yearly for nine years, commencing on the first day of January, 1864, at two dollars per ton. The ice was to be delivered daily, Sundays excepted, to be sold by the plaintiffs, in their retail business, at such prices’as the defendant might establish for each year. In October, 1869, the same parties made another contract, whereby the defendant agreed to…
2Cases cited3 opinions
- Cotheal v. . TalmageNew York Court of Appeals · 1854
- Del., L. W.R.R. Co. v. . BownsNew York Court of Appeals · 1874
- Main v. KingNew York Supreme Court · 1850
3Cited by28 opinions
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- Salem v. AnsonOregon Supreme Court · 1902
- Taylor v. Times Newspaper Co.Supreme Court of Minnesota · 1901
- de Cordova v. WeeksMassachusetts Supreme Judicial Court · 1923
- McMichael v. . KilmerNew York Court of Appeals · 1879
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