Legal Opinion
Greene v. . Barrett, Nephews Co.
New York Court of Appeals
Decided May 13, 1924PublishedCited by 13 opinions
1Opinion of the CourtAndrews, J.
We have first to determine the nature of this action. Is it one for damages for a breach of contract or is it one where because of the failure of the defendant to fulfill its obligations the plaintiff seeks to recover payments advanced in the expectation that these obligations would be performed and to impress a hen on the subject-matter of the contract to secure such recovery. This distinction is here fundamental for if the action is for damages the plaintiff failed to show as he must that he himself has done what he was required to do.
The controversy relates to a written agreement for the…
2Cases cited2 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Ziehen v. . SmithNew York Court of Appeals · 1896
3Cited by13 opinions
- Cohen v. KranzNew York Court of Appeals · 1963
- Lunde v. MinchSupreme Court of Connecticut · 1927
- Rhodes v. Astro-Pac, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- In re the Estate of HicksAppellate Division of the Supreme Court of the State of New York · 2010
- Oxford Funding Corp. v. James H. Northrup, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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