Helgar Corporation v. . Warner's Features
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 11, 1915, modifying and affirming as modified a judgment in favor .of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 11, 1915, modifying and affirming as modified a judgment in favor .of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. A default, deliberately permitted, in the payment of an installment due under an entire and indivisible contract, is such a breach of the contract as to entitle plaintiff to recover the profits it would have earned by the performance thereof. (Masterton v. Mayor,…
1Opinion of the CourtCardozo, J.
The plaintiff’s assignor made a contract with the defendant for the sale of films for moving pictures. At least one film was to be delivered every month. Deliveries were to begin in November, 1913, and to end in October, 1914. The price was fixed at eight cents per foot; and payment for each film was to be made within thirty days after exhibition to the public. By way of additional compensation, the defendant was also to pay one-half of the net profits realized by it as the result of foreign sales.
The plaintiff, having received an assignment of the contract, delivered pictures of the value at…
2Cases cited15 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Graves v. . WhiteNew York Court of Appeals · 1882
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- William Wharton, Jr., & Co. v. WinchNew York Court of Appeals · 1893
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3Cited by48 opinions
- New York Life Insurance v. ViglasSupreme Court of the United States · 1936
- Anderson v. John L. Hayes Construction Co.New York Court of Appeals · 1926
- Gravenhorst v. . ZimmermanNew York Court of Appeals · 1923
- Hadden v. Consolidated Edison Co.New York Court of Appeals · 1974
- Coughlin v. BlairCalifornia Supreme Court · 1953
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