Sturges & Burn Manufacturing Co. v. American Separator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Separator Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chenango on the 9 th day of August, 1910, upon the decision of the court rendered after a trial at the Chenango Trial Term, a jury having been waived.
1Opinion of the Court
Sewell, J.:
This action was brought to recover damages for the breach of a contract.
On January 13, 1906, the plaintiff entered into an agreement with the defendant to manufacture and deliver 1,500 of No. 1 separator covers, and 1,500 of No. 2 covers. On February 6, 1906, the plaintiff entered into another agreement with the defendant to manufacture and deliver 500 of No. 1 covers, and March 22, 1906, the plaintiff and defendant made another contract whereby the plaintiff was to manufacture and deliver 1,000 of the No. 1, and 1,000 of the No. 2 covers. Part of these covers were manufactured and…
2Cited by2 opinions
- Rathbone v. ForsythAppellate Division of the Supreme Court of the State of New York · 1916
- Sturges & Burn Manufacturing Co. v. American Separator Co.Appellate Division of the Supreme Court of the State of New York · 1918