Weld v. Goldenberg
Court of Appeals for the Second Circuit
This was an action by Ellen IT. Weld, as residuary legatee of William E. Weld (in whose place she was substituted as plaintiff after the commencement of the action), against Simon Goldenberg, to recover damages for the nonperformance of a contract. The circuit court dismissed the complaint.
1Opinion of the Court
SHIPMAN, Circuit Judge.
The undisputed facts in this case are that on October 10, .1890, the defendant, Simon Goldenberg, was the owner of land on the corner of Wooster and Broome streets, in the city of New York, upon which tie was erecting A six-story warehouse, for which plans and specifications had been made by Alfred Zucker, an architect. On that day, Goldenberg entered into a written agreement with William E. Weld to sell the latter this land, and to complete at his (Goldenberg’s) expense said warehouse, in accordance with the plans and specifications of (lie architect, at a specified…
2Cited by2 opinions
- Huetter v. Warehouse & Realty Co.Washington Supreme Court · 1914
- Baber v. BaessellCourt of Appeals for the D.C. Circuit · 1936