Legal Opinion

Dauchey v. . Drake

New York Court of Appeals

Decided May 31, 1881PublishedCited by 13 opinions

Appeal from judgment of the General Term of the Court of Common Pleas in and for the county of ¡New York, entered upon an order made February 2,1881, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion.

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Appeal from judgment of the General Term of the Court of Common Pleas in and for the county of ¡New York, entered upon an order made February 2,1881, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The plaintiffs, on the receipt of notice to discontinue, had no right to proceed any further in the performance of the contract, and the defendants became liable for the fair value of the part already performed, and for damages in addition. (Dillon v. Anderson, 43 N. Y. 232;…

1Opinion of the CourtEarl, J.

This action w;as brought to recover the amount alleged to be due the plaintiffs for certain advertising claimed by them to have been done for the defendants. The adver tising was proved to have been done under a special agreement, made about the 1st day of March, 1870, as follows: “The plaintiffs agreed to insert an advertisement of defendants’ of ‘ Plantation Bitters and Sea Moss Farina,’ of which a copy was attached to said agreement, in their list of papers, comprising: New York, list of two hundred daily and weekly papers; New England, list of one hundred and fifty weekly, and twenty-five…

2Cases cited1 opinion

  1. Glacius v. . BlackNew York Court of Appeals · 1872

3Cited by13 opinions

  1. Fidelity & Deposit Co. of Maryland v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1957
  2. Manshul Construction Corp. v. Dormitory Authority of New YorkNew York Supreme Court · 1981
  3. Desmond-Dunne Co. v. . Friedman-Doscher Co.New York Court of Appeals · 1900
  4. Brown v. NortonNew York Supreme Court · 1888
  5. Lake v. . McElfatrickNew York Court of Appeals · 1893

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