Ware Bros. v. Cortland Cart & Carriage Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 15, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 15, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The court, having found an unauthorized breach of an express contract, should have awarded plaintiff at least nominal damages instead of dismissing the complaint, and this error, affecting as it does a substantial right, calls for a reversal.…
1Opinion of the CourtHaight, J.
On the 14th day of March, 1903, the defendant, Cortland Cart & Carriage Company, entered into a written contract with the plaintiff, Ware Brothers Company, by which the defendant agreed to pay the plaintiff the sum of $350 for publishing its advertisement once a month for twelve months in a monthly publication, issued by the plaintiff, known as “ The Vehicle Dealer.” Thereafter and on the 2d day of April, 1903, and after it is claimed the plaintiff had prepared the defendant’s advertisement for printing in its “ Vehicle Dealer,” the defendant wrote the plaintiff asking it to cancel the…
2Cases cited5 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Milage v. . WoodwardNew York Court of Appeals · 1906
- Lord v. . ThomasNew York Court of Appeals · 1876
- Allen v. Glen Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by27 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Haughey v. Belmont Quadrangle Drilling Corp.New York Court of Appeals · 1940
- Norm Advertising, Inc. v. Monroe Street Lumber Co.Washington Supreme Court · 1946
- Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.New York Court of Appeals · 1915
- Barron G. Collier, Inc. v. KindySupreme Court of Minnesota · 1920
22 more not listed; retrieve them via the Exa API.