Rutty v. Consolidated Fruit-Jar Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by William H. Rutty against the Consolidated Fruit-Jar Company. From a judgment entered on verdict and from order denying a motion for a new trial defendant appeals.
1Opinion of the Court
Bartlett, J."
We think this case was properly disposed of at the circuit. The action was brought to recover damages for the alleged breach of a contract, whereby the defendant undertook to furnish to the plaintiff 10,000 gross of glove clasps at 29 cents a gross, to be delivered at the rate of 500 gross a week from the 1st day of January, 1884. The proof clearly established that the parties entered into such an agreement by correspondence; and, although the letters might leave some of the particulars in doubt, these- are made clear by the practical construction subsequently given to the…
2Cases cited2 opinions
- Millar v. FitzgibbonsNew York Court of Common Pleas · 1881
- Joy v. SchlossNew York Court of Common Pleas · 1885