Legal Opinion

Donahue v. Wippert

The Superior Court of the City of New York and Buffalo

Decided March 15, 1894Published

Action by Eliza Donahue against William. Wippert for breach of contract. There was a verdict for defendant, and plaintiff moves-for a new trial. Granted.

1Opinion of the CourtHatch, J.

The action was brought to recover damages for breach of contract. Plaintiff gave evidence tending to establish that defendant undertook and agreed for a certain price to make over, refashion, and fit for her a sealskin cloak, and that he had failed to fulfill the contract in several particulars, among which was that the coat, when finished and tendered as complete by defendant, would not fit plaintiff, and she was unable to put it on her person, or wear it. Defendant’s evidence controverted plaintiff’s, position in this regard, and this question was submitted to the jury for determination by…

2Cases cited7 opinions

  1. Brigg v. . HiltonNew York Court of Appeals · 1885
  2. Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
  3. Hodgkins v. . MeadNew York Court of Appeals · 1890
  4. People v. Noelke & MarksNew York Court of Appeals · 1883
  5. Van Bokkelen v. . BerdellNew York Court of Appeals · 1891

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