Seaver v. Lindsay Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fred 0. Seaver, from a judgment of the Supreme Court in favor of the . defendant, entered in the office of the clerk of the county of Kings on the 9th day of August, 1920, upon the decision of the court rendered after a trial at the Kings Trial Term, a jury having been waived, and also from an order entered in said clerk’s office on the 11th day of June, 1920, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Blackmar, J.:
The . defendant in Chicago and the plaintiff’s assignor entered into an executory contract for the sale of 5,544 pounds of thorium in six monthly installments at the price of four dollars a pound, c. i. f. London dock. The defendant, the seller, defaulted in supplying a part of the merchandise called for by the contract, and this action is brought by the assignee of the buyer to recover damages for the breach of the contract. A jury was waived and the case was tried by the court. The court found the contract and the breach by the defendant and awarded to the plaintiff damages…
2Cases cited2 opinions
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- Staackman, Horschitz & Co. v. CaryAppellate Court of Illinois · 1916
3Cited by3 opinions
- Scaramelli & Co. v. Courteen Seed Co.Wisconsin Supreme Court · 1928
- Cundill v. A. W. Millhauser Corp.New York Supreme Court · 1930
- Donner v. Associated Lace Corp.Appellate Division of the Supreme Court of the State of New York · 1951