Vandegrift v. . Cowles Engineering Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 4, 1898, which reversed a judgment of the Trial Term dismissing the complaint, and granted a new trial. This action was brought to recover damages for a breach of contract.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 4, 1898, which reversed a judgment of the Trial Term dismissing the complaint, and granted a new trial. This action was brought to recover damages for a breach of contract. On the third day of March, 1893, the engineering company entered into a written contract with the Interstate Steamboat Company, by which the former agreed to build and complete for the latter a steamboat of the character, dimensions and speed therein provided, and to deliver the same at a time and place…
1Opinion of the CourtMartin, J.
This controversy is based upon the agreement between the plaintiff’s assignor and the defendant company and the bond given to secure its perfoimance by the latter. To authorize a recovery upon the bond, upon the contract, or for the money paid thereon, it was incumbent upon the plaintiff to show that there was something due under the agreement, or that it had'been broken by the defendant company without fault of the plaintiff’s assignor and anterior to any breach by the latter. This involves a determination as to the time within which the defendant company was required to complete and deliver…
2Cases cited13 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Kooleraire Service & Installation Corp. v. Board of EducationNew York Court of Appeals · 1971
- Stern v. Gepo Realty Corp.New York Court of Appeals · 1942
- Mokar Properties Corp. v. HallAppellate Division of the Supreme Court of the State of New York · 1958
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Ogdensburg Urban Renewal Agency v. MoroneyAppellate Division of the Supreme Court of the State of New York · 1973
25 more not listed; retrieve them via the Exa API.