Legal Opinion

Eppens, Smith & Wiemann Co. v. Littlejohn

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 6 opinions

Appeal by the plaintiff, the Eppens, Smith & Wiemann Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of January, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1897, denying the plaintiff's motion for a new trial made upon the minutes.

1Opinion of the Court

Patterson, J.:

This is an appeal from a judgment in favor of the defendants entered upon a verdict of a jury and from an order denying the plaintiff’s motion for a new trial. The action was brought to recover damages for the alleged breach of a contract for the sale of merchandise, such breach consisting in the refusal of the defendants *24to accept delivery of the merchandise, the subject of the contract. Special facts are set forth in the complaint showing that the damages have been liquidated, if any are recoverable, the question of liability being left open. The complaint contains allegations…

2Cases cited4 opinions

  1. Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
  2. Mora Y Ledon v. . HavemeyerNew York Court of Appeals · 1890
  3. Davis v. TalcottNew York Supreme Court · 1853
  4. Stewart v. . MarvelNew York Court of Appeals · 1886

3Cited by6 opinions

  1. Abe Stein Co. v. . RobertsonNew York Court of Appeals · 1901
  2. Halliday v. BarberAppellate Terms of the Supreme Court of New York · 1902
  3. Abe Stein Co. v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1899
  4. Halliday v. BarberCity of New York Municipal Court · 1902
  5. Halliday v. BarberCity of New York Municipal Court · 1902

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