Legal Opinion
Van Devort v. K. & H. Evaporating Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1937PublishedCited by 9 opinions
1Opinion of the CourtEdgcomb, J.
We are called upon to review the propriety of an order which consolidates an action brought by the respondent Van Devort against the appellant K. & H. Evaporating Company, *9Inc., with one commenced by said appellant against said respondent, in which order the respondent Van Devort is given the right to open and close in the consolidated action.
Both causes of action arose out of the same transaction, and each party seeks to recover the damages sustained by reason of the alleged breach by the other of two contracts for the sale and purchase of evaporated apple rings at an agreed price. The…
2Cases cited3 opinions
- Gibbs v. SokolAppellate Division of the Supreme Court of the State of New York · 1926
- Brink's Express Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1930
- Heilbronn v. . HerzogNew York Court of Appeals · 1900
3Cited by9 opinions
- Kappa Frocks, Inc. v. Alan Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- Watkins Body Corp. v. Arditi Ltd.Appellate Division of the Supreme Court of the State of New York · 1951
- Buckley Construction Corp. v. HungerfordNew York Supreme Court · 1958
- Crescent Puritan Laundry Co. v. McNamaraAppellate Division of the Supreme Court of the State of New York · 1938
- Gallagher v. BarthAppellate Division of the Supreme Court of the State of New York · 1944
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