Legal Opinion

Brown v. Raritan Chemical Works, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 1919PublishedCited by 6 opinions

Cross-appeals by the plaintiffs, Benjamin Brown and another, and by the defendant, Raritan Chemical Works, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of June, 1918, upon a dismissal of the complaint, and of the defendant’s counterclaims at the close of plaintiffs’ case.

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Cross-appeals by the plaintiffs, Benjamin Brown and another, and by the defendant, Raritan Chemical Works, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of June, 1918, upon a dismissal of the complaint, and of the defendant’s counterclaims at the close of plaintiffs’ case. The plaintiffs appeal from so much of said judgment as dismisses the complaint, and the defendant from so much thereof as dismisses the counterclaims.

1Opinion of the Court

Dowling, J.:

This action was brought to recover the sum of $2,352 damages claimed to have been sustained by reason of defendant’s breach of a contract to deliver certain crystal chlorate of potash. Defendant counterclaimed in the sum of $540 damages claimed for the breach of a contract to deliver certain soda ash. The complaint and counterclaim were dismissed, and both plaintiffs and defendant have appealed.

Considering plaintiffs’ appeal first, the complaint sets forth that on November 29, 1916, an agreement was made between them and defendant by which the latter was to sell and deliver to the…

2Cited by6 opinions

  1. Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
  2. Price v. Neiman Bros.Appellate Court of Illinois · 1926
  3. Bank of East Asia, Ltd. v. PangWashington Supreme Court · 1926
  4. California Prune & Apricot Growers v. Jaggers Wholesale Grocery Co.Indiana Court of Appeals · 1926
  5. Kaplan v. KraussAppellate Terms of the Supreme Court of New York · 1934

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