Austin Baldwin & Co. v. Kohler
Appellate Terms of the Supreme Court of New York
Motion to vacate a resettlement of order.
1Opinion of the CourtBijur, J.
This matter comes before us on a motion to vacate a resettlement of our order for judgment. On the original appeal to this court judgment in favor of plaintiff for $125 (and costs) was set aside and judgment in favor of plaintiff for $1,250 directed. Suit was brought by plaintiff to recover damages for breach of an executory contract made with defendants ’ testator. The contract, dated March 14, 1913, provided, so far as material, that the plaintiff will “ handle the same (i e., Kohler’s export business) in the usual manner, and will pay for your (Kohler’s) account all necessary disbursements…
Also in this document: Concurrence.
2Cases cited21 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
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3Cited by3 opinions
- Mathews v. United StatesDistrict Court, E.D. New York · 1964
- Hadfield v. ColterAppellate Terms of the Supreme Court of New York · 1918
- O'Callaghan & Fedden, Inc. v. ConlinAppellate Terms of the Supreme Court of New York · 1924