Rosenthal v. Empire Brick & Supply Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire Brick and Supply Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 6th day of June, 1907, affirming a judgment of the City Court of the city of ¡New York in favor of the plaintiff, entered in the office of the clerk of said court on the lith day of' December, 1906, and an order of said City Court,, entered on the 29th day of December, 1906, denying the…
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Appeal by the defendant, the Empire Brick and Supply Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 6th day of June, 1907, affirming a judgment of the City Court of the city of ¡New York in favor of the plaintiff, entered in the office of the clerk of said court on the lith day of' December, 1906, and an order of said City Court,, entered on the 29th day of December, 1906, denying the defendant’s motion for a new trial.
1Opinion of the Court
Clarke, J.:. The question involved arises out of an alleged breach of contract for the sale and delivery of brick. The contract was in writing, and the material part thereof is as follows : “ We propose to furnish you all the masons’ materials required for the construction of seven houses on the S. S. of 13.4th street, 100 feet west of Amsterdam avenue, this city, all to be delivered at the following prices and conditions: Hard brick at the market price, guaranteed not to exceed $9.50 per ¡M¡. * * * It being understood that you will require about three million brick to complete the operation,…
2Cases cited2 opinions
- Todd v. . GambleNew York Court of Appeals · 1896
- Stecker v. Weaver Coal & Coke Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Tennant v. WildeCalifornia Court of Appeal · 1929
- George H. Reeves, Inc. v. Fulton Market Refrigerating Co.New York Supreme Court · 1918