Legal Opinion

Giles v. O'Toole

New York Supreme Court

Decided September 5, 1848PublishedCited by 30 opinions

Error to the Oneida common pleas. The action was commenced befóte a justice of the peace. O’Toole, the plaintiff, declared, verbally, for the violation of an agreement by the defendant Giles, to let to her a certain store, &c. in the village of Rome, and claimed damages to the amount of $100. The defendant pleaded the general issue, and gave notice of set-off.

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Error to the Oneida common pleas. The action was commenced befóte a justice of the peace. O’Toole, the plaintiff, declared, verbally, for the violation of an agreement by the defendant Giles, to let to her a certain store, &c. in the village of Rome, and claimed damages to the amount of $100. The defendant pleaded the general issue, and gave notice of set-off. The justice gave a judgment for the plaintiff for $41,47, and on appeal to the common pleas that judgment, was affirmed. In the common pleas the plaintiff, in her declaration, alleged that the defendant on the 1st of December, 1844, for…

1Opinion of the Court

By the Court, Gridley, J.

The plaintiff in the court below made a fair bargain for the premises described by the witnesses, for the term of one year, at an annual rent of $100; and relying on the faithful performance of his contract by the defendant, she incurred expenses and made considerable outlays in preparation for the occupation of those premises. After having been kept in suspense by the repeated promises of the defendant for some weeks, she was met at last by a flat refusal on his part to perform his contract, without the slightest justifiable reason for its violation. Under these…

2Cases cited2 opinions

  1. Blanchard v. ElyNew York Supreme Court · 1839
  2. Driggs v. DwightNew York Supreme Court · 1837

3Cited by30 opinions

  1. Taylor v. . BradleyNew York Court of Appeals · 1868
  2. Bernstein v. . MeechNew York Court of Appeals · 1891
  3. Kenny v. CollierSupreme Court of Georgia · 1887
  4. Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
  5. Friedland v. . MyersNew York Court of Appeals · 1893

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