Van Brocklen v. . Smeallie
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. This action was brought to recover damages for a breach of contract. The provisions of the contract and the facts, so far as material, are stated in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. This action was brought to recover damages for a breach of contract. The provisions of the contract and the facts, so far as material, are stated in the opinion. The court erred in deciding that the plaintiff was not entitled to recover as damages the difference between the contract price and the price obtained…
1Opinion of the CourtFinch, J.
The only question in this case is one of damages. The plaintiff and defendant entered into a writtetu agreement whereby the former agreed to sell and convey, and the latter to purchase and receive, the plaintiff’s undivided one-third interest iii the partnership of Snyder, Van Broeklen, and Hull, whose assets consisted of real estate held as partnership property for the use of the business, stock on hand, and debts due or to become due; and who were manufacturers of knit goods, occupying their mill for that purpose. The contract was dated February 21st, 1891; the price to be paid was ten…
2Cases cited6 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
- Mason v. . DeckerNew York Court of Appeals · 1878
- Porter v. . WormserNew York Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Agar v. OrdaNew York Court of Appeals · 1934
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Moore v. . PotterNew York Court of Appeals · 1898
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Murarka v. Bachrack Bros., IncCourt of Appeals for the Second Circuit · 1954
42 more not listed; retrieve them via the Exa API.