Griffin v. . Colver
New York Court of Appeals
Appeal from the Supreme Court. The cause was tried before a referee. The plaintiff agreed to build a steam engine, with boilers, &c., for the defendants, and to deliver it to them on a day certain, He failed to do so, and a May of one week occurred, during which time the defen dants lost the use of certain machinery for the sawing and planing of lumber, which the steam engine was intended to drive, and which the plaintiff knew it was intended to drive.
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Appeal from the Supreme Court. The cause was tried before a referee. The plaintiff agreed to build a steam engine, with boilers, &c., for the defendants, and to deliver it to them on a day certain, He failed to do so, and a May of one week occurred, during which time the defen dants lost the use of certain machinery for the sawing and planing of lumber, which the steam engine was intended to drive, and which the plaintiff knew it was intended to drive. The plaintiff having brought his action for the price of the engine, the defendants recouped their damages from the failure to deliver it at…
1Opinion of the CourtSelden, J.
The only point made "by the appellants is-that in estimating their damages on account of the plaintiff’s failure to furnish the engine by the time specified in the contract, they should have been allowed what the proof showed they .might have earned by the use of such engine, together with their other machinery, during the time lost by the delay. This claim was objected to, and rejected upon the trial as coming within the rule which precludes the allowance of profits, by way of damages, for the breach of an executory contract.
To determine whether this rule was correctly applied by the…
2Cases cited2 opinions
- The Amiable NancySupreme Court of the United States · 1818
- Blanchard v. ElyNew York Supreme Court · 1839
3Cited by261 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Tas Distributing Company, Incorporated v. Cummins Engine Company, IncorporatedCourt of Appeals for the Seventh Circuit · 2007
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
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