Haddam Granite Co. v. Brooklyn Heights Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The court erred in excluding the evidence offered by the defendant that there was a standard market value for the paving blocks described in the alleged contract.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The court erred in excluding the evidence offered by the defendant that there was a standard market value for the paving blocks described in the alleged contract. (Masterton v. Mayor, etc., 7 Hill, 61; N. Y. & M. G. P. Co. v. Howell, 7 N. Y. S. R. 494; Cahan v. Platt, 69 N. Y. 348 ; Canda v. Wick, 100 N. Y. 127 ; Bigelow v. Legg, 102 N. Y. 652; Windmuller…
1Opinion of the CourtHaight, J.
This action was brought to recover damages alleged to have been sustained by the plaintiff by reason of the failure to take and pay for four hundred thousand granite paving blocks, under an alleged contract between the plaintiff and defendant providing that defendant would take five hundred thousand granite blocks from the plaintiff and pay for the same the sum of sixty-two dollars per thousand.
Upon the trial it was conceded that one hundred thousand granite blocks had been taken by the defendant and paid for, so that the controversy arises with reference to the remaining four hundred…
2Cases cited1 opinion
- Todd v. . GambleNew York Court of Appeals · 1896
3Cited by3 opinions
- Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.New York Court of Appeals · 1915
- Haddam Granite Co., Inc. v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- J. W. Cherry & Co. v. Consolidated Flour Mills Co.Supreme Court of Oklahoma · 1930