Legal Opinion · Dissent

Pakas v. Hollingshead

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904Published

Appeal by the plaintiff, Solomon L. Pakas, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 9th day of January, 1904, upon the decision of the court, rendered after a trial at the New York Trial Term, a jury having been waived, dismissing the plaintiff’s complaint.

1Dissent

Laughlin, J. (dissenting):

The action is brought to recover damages for breach of a contract made between the plaintiff, who was doing business under the name of International Cycle Fittings'Company, and the defendants, who are copartners doing business under the firm name of Hollingshead & Wirtz. The contract consists of a proposition in writing made by the defendants to the plaintiff under date of August 30, 1898, and accepted by him. It confirms a sale by the defendants to the plaintiff of 25,000 pairs of Hercules bicycle pedals, delivery to begin immediately at the rate of 500 pairs weekly…

2Cases cited15 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Howard v. . DalyNew York Court of Appeals · 1875
  3. Taylor v. . BradleyNew York Court of Appeals · 1868
  4. Perry v. . DickersonNew York Court of Appeals · 1881
  5. McCready v. . LindenbornNew York Court of Appeals · 1902

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