Legal Opinion

Rutty v. Consolidated Fruit Jar Co.

New York Supreme Court

Decided May 24, 1889PublishedCited by 13 opinions

Appeal from judgment on report of referee. Action by William H. Rutty against the Consolidated Fruit Jar Company to recover damages for breach of a contract to manufacture and deliver a quantity of glove clasps. The referee directed judgment for plaintiff, and defendant appeals.

1Opinion of the CourtVan Brunt, P. J.

This action was brought to recover damages for the breach of a contract for the manufacture of certain merchandise. The allegations of the complaint in brief are that in November, 1883, the defendant entered into a contract with the plaintiff whereby it agreed to manufacture for the plaintiff 10,000 gross of Rutty’s button glove clasps, as per sample, 500 *24gross per week, to be delivered from January 1, 1884, at 29 cents per gross; that defendant did not perform said contract on its part, but wholly neglected the same, in that no clasps were made and delivered under said contract until the end…

2Cases cited1 opinion

  1. Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887

3Cited by13 opinions

  1. Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1908
  2. Morowski v. RohrigNew York Court of Common Pleas · 1893
  3. Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
  4. Taylor v. BlairNew York Supreme Court · 1891
  5. Bossert v. PoerschkeAppellate Division of the Supreme Court of the State of New York · 1900

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