Legal Opinion
Lord Construction Co. v. Edison Portland Cement Co.
New York Court of Appeals
Decided January 9, 1923PublishedCited by 24 opinions
1Opinion of the CourtPound, J.
The action is to recover damages for breach of a written contract dated May 4, 1916, for the sale of cement. The defense was a denial of the breach. Defendant also counterclaimed for an unpaid balance due for the purchase price of cement delivered under the contract. The trial court directed a verdict for the plaintiff and directed that defendant’s exceptions be heard in the first instance by the Appellate Division under the provisions of the Code of Civil Procedure (§ 1000). The Appellate Division sustained the exceptions and ordered judgment for the defendant.
The contract provided for the…
2Cases cited5 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Clark v. . WestNew York Court of Appeals · 1908
- Wiser v. LawlerSupreme Court of the United States · 1903
- Eltinge v. SantosCalifornia Supreme Court · 1915
3Cited by24 opinions
- Den-Tal-Ez, Inc. v. Siemens Capital Corp.Supreme Court of Pennsylvania · 1989
- Gould v. Transamerican AssociatesCourt of Appeals of Maryland · 1961
- Brennan v. National Equitable Investment Co.New York Court of Appeals · 1928
- Dunbar v. Farnum WifeSupreme Court of Vermont · 1937
- Cbs, Inc., Plaintiff/counterdefendant Appellee/cross-Appellant v. David Merrick, Defendant/counterclaimant Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
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