Woarms v. Becker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Albert L. Woarms and another, from so ranch' of a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 20th day of November, 1902,upon the verdict of a jury, as awards judgment to the defendant on the ground of the waiver of the contracts sued upon, and also from an order entered in said clerk’s office on the 8th day of December, 1902, denying the plaintiffs’ motion for a new…
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Appeal by the plaintiffs, Albert L. Woarms and another, from so ranch' of a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 20th day of November, 1902,upon the verdict of a jury, as awards judgment to the defendant on the ground of the waiver of the contracts sued upon, and also from an order entered in said clerk’s office on the 8th day of December, 1902, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action is brought to recover damages for the breach of a subcontract for the furnishing of bronze and other work in the construction of the Albany Savings Bank, , at the city of Albany, in this State. Both parties claimed a breach of the particular contract, and each party has brought an. action against the other, to recover damages therefor. The action in which the present, defendant is -plaintiff was previously tried and a verdict rendered therein by the jury, awarding damages in his favor. Upon appeal from the judgment entered thereon, this court reversed the same for errors…
2Cases cited5 opinions
- Kain v. . SmithNew York Court of Appeals · 1882
- Cass v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Morrissey v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Becker v. WoarmsAppellate Division of the Supreme Court of the State of New York · 1902
- Hubbard v. BrownAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Spaulding v. American Realty Co.Supreme Judicial Court of Maine · 1922