Drake v. Siebold
New York Supreme Court
Appeal from judgment on report of referee. Action by Harvey F. Drake, Henry H. Craig, and Eli M. Upton against Severin Siebold for breach of a contract. The complaint was dismissed, and plaintiffs appeal. Reversed.
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Appeal from judgment on report of referee. Action by Harvey F. Drake, Henry H. Craig, and Eli M. Upton against Severin Siebold for breach of a contract. The complaint was dismissed, and plaintiffs appeal. Reversed. The action was brought to recover damages for alleged breach of a contract made between the parties in April, 1888, whereby the plaintiffs agreed to sell and deliver to the defendant, who agreed to receive, at the plaintiffs' coal yard, in the city of Rochester, from 2,000 to 3,000 net tons of anthracite coal, on or before May 1, 1889, upon these terms: “For all coal delivered…
1Opinion of the CourtBradley, J.
The referee found the facts in support of the plaintiffs’ alleged claim, for breach of the contract by the defendant, but determined that the contract was illegal, by reason of the fact, as found by him, that during the year commencing May 1, 1888, there existed a combination of all the coal dealers in *698Rochester, except a few small dealers, who sold by the bushel, including the parties to the action; that the combination was known as the Rochester Coal Exchange; that at meetings held monthly the retail price of coal was fixed; that it was. agreed among the members of the association that coal…
2Cases cited9 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Armstrong v. TolerSupreme Court of the United States · 1826
- People v. . SheldonNew York Court of Appeals · 1893
- Honegger v. . WettsteinNew York Court of Appeals · 1883
- Milbank v. . JonesNew York Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Attridge v. PembrokeAppellate Division of the Supreme Court of the State of New York · 1932
- Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Drake v. LauerAppellate Division of the Supreme Court of the State of New York · 1904
- People v. KlawNew York Court of General Session of the Peace · 1907
- Auerbach v. CurieAppellate Division of the Supreme Court of the State of New York · 1907
6 more not listed; retrieve them via the Exa API.