Bernstein v. . Meech
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages for a breach of contract. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages for a breach of contract. The facts are sufficiently stated in the opinion. The plaintiff’s letter of August twelfth was a positive refusal on his part to perform the contract, and in view of that refusal the defendants not only had the right, but it was their duty to take such steps as were necessary to find other employment for their Academy of…
1Opinion of the CourtBradley, J.
By contract of date August 4, 1887, between the parties, the defendants agreed to furnish to the plaintiff the opera house known as the Academy of Music, in the city of Buffalo, December twenty-second, twenty-third and twenty-fourth, for four performances by the Jarbeau Comedy Company, and for that purpose the plaintiff agreed to furnish the services of that company during that time, and to take as the consideration fifty per cent of the. gross receipts of all sums realized from the performances. When this contract was executed, each of the parties had the right to assume that the other would…
2Cases cited5 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Driggs v. DwightNew York Supreme Court · 1837
- Windmuller v. PopeNew York Court of Appeals · 1887
- Giles v. O'TooleNew York Supreme Court · 1848
3Cited by60 opinions
- Contemporary Mission, Inc., Plaintiff-Appellee-Cross-Appellant v. Famous Music Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1977
- Freund v. Washington Square Press, Inc.New York Court of Appeals · 1974
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Broadway Photoplay Co. v. . World Film Corp.New York Court of Appeals · 1919
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