Legal Opinion
Reade v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 1940PublishedCited by 7 opinions
1Per curiam
The complaint is insufficient for failure properly to allege damage. The pleading fails to show that defendant would have derived more than $12,000 per annum as profit upon the stock owned by him if he had performed the contract pursuant to its terms. “ In the absence of allegations of fact showing damage, allegations of a breach of contract are not sufficient to sustain a complaint.” (Deutsch v. Textile Waste Merchandising Co., 212 App. Div. 681, 687; Conti v. Cohen, Inc., 197 id. 302.)
In the contract upon which plaintiff relies the only consideration mentioned is one dollar paid by each…
2Cases cited4 opinions
- Deutsch v. Textile Waste Merchandising Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Hope v. . BalenNew York Court of Appeals · 1874
- King v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- King v. . Union Trust CompanyNew York Court of Appeals · 1913
3Cited by7 opinions
- Gordon v. Dino De Laurentiis Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Lexington 360 Associates v. First Union National Bank of North CarolinaAppellate Division of the Supreme Court of the State of New York · 1996
- Ryan Ready Mixed Concrete Corp. v. CoonsAppellate Division of the Supreme Court of the State of New York · 1966
- Calabria v. Associated Hospital ServiceDistrict Court, S.D. New York · 1978
- United Brotherhood of Carpenters & Joiners of America v. Nyack Waterfront AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
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