Legal Opinion

Howard v. Breitung

Appellate Division of the Supreme Court of the State of New York

Decided May 19, 1916PublishedCited by 3 opinions

Appeal by the defendants, Edward N. Breitnng and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of March, 1916, denying their motion to strike out paragraph IH of the complaint as irrelevant and redundant.

1Opinion of the Court

Laugiíluí, J.:

This is an action for damages for the breach of a contract in writing made between the plaintiff and Breitung & Company, Ltd., the name under which the defendants were conducting business as copartners. It is recited in the contract that the defendants had expended time and money in securing the enactment of a law authorizing the President of Peru to issue bonds and to enter into a contract for irrigation and colonization, and that the defendants were desirous of obtaining the contract and to that end employed the plaintiff to take preliminary steps and to enter into…

2Cases cited5 opinions

  1. United Press v. . New York Press Co.New York Court of Appeals · 1900
  2. Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
  3. Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
  4. Isaacs v. SalomonAppellate Division of the Supreme Court of the State of New York · 1913
  5. Strong v. WatersAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by3 opinions

  1. Gramkow v. Farmers Cooperative Irrigation Co.Idaho Supreme Court · 1929
  2. Hall v. United States Casualty Co.New York Supreme Court · 1925
  3. Symington v. HaxtonAppellate Division of the Supreme Court of the State of New York · 1921

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