Sayer v. Wilstrop
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas B. Wilstrop, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 24th day of June, 1921, upon the report of a referee; also from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of said clerk on the 24th day of June, 1921, confirming the report of the referee upon which the said judgment was entered; also from two…
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Appeal by the defendant, Thomas B. Wilstrop, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 24th day of June, 1921, upon the report of a referee; also from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of said clerk on the 24th day of June, 1921, confirming the report of the referee upon which the said judgment was entered; also from two orders of reference herein dated the 5th day of March, 1920, and the 23d day of April, 1920, respectively; also from an…
1Opinion of the Court
Cochrane, P. J.:
I agree with Mr. Justice Hinman that the complaint alleges a cause of action at law and not in equity. But I go further. I think the complaint determines the theory of damages to which the plaintiff is entitled. It does not purport to set forth the entire contract, but a copy “as to the essential parts thereof is annexed ” thereto without disclosing the various contracting parties, and the allegation of the complaint is that in respect to this contract defendant agreed “ to deliver thereunder the milk of eighteen (18) cows.” The breach of the contract by the defendant is…
2Cases cited2 opinions
- Nash v. Thousand Island Steamboat Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Lindner v. StarinAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by9 opinions
- Gomez v. BicknellAppellate Division of the Supreme Court of the State of New York · 2002
- New York Water Service Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1957
- Richards v. ChubaNew York Supreme Court · 1949
- Weisinger v. RaeNew York Supreme Court · 1959
- Kye v. StearnsNew York Supreme Court · 1927
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