Legal Opinion
Balsam Farm, Inc. v. Evergreen Dairies, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1958Published
1Opinion of the Court
In an action to recover damages for breach of a written contract, the appeal, by permission of this court, is from an order of the Appellate Term which (1) reversed an order of the City Court of the City of New York, Kings County, granting a motion to dismiss the complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106, subd. 4), and (2) denied the motion to dismiss the complaint. It is claimed the contract was unenforcible for lack of mutuality. Order of the Appellate Term reversed and motion to dismiss the…
2Cases cited6 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Atlantic Metal Products, Inc. v. MinskoffAppellate Division of the Supreme Court of the State of New York · 1944
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