Smith v. Dodd
New York Court of Common Pleas
The complaint in this action set forth a written special agreement between the plaintiff and the defendants, which commenced by reciting, that the defendants were the owners of two power looms, with fixtures, for manufacturing elastic and other webbing, the value of which remained to he ascertained.
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The complaint in this action set forth a written special agreement between the plaintiff and the defendants, which commenced by reciting, that the defendants were the owners of two power looms, with fixtures, for manufacturing elastic and other webbing, the value of which remained to he ascertained. The agreement then provided, that for the purpose of establishing a fair test of such value, the defendants, upon the plaintiff removing the machinery to Newark, New Jersey, should furnish him with room and steam power, and should advance the amount necessary to purchase materials to be…
1Opinion of the CourtBy the Court. Woodruff, J.
Upon a mere examination of the pleadings, my first impression would be that this case so far as it depends upon the complaint alone, and the denials thereof, might be tried by a jury; but it is quite obvious that *352if the matter of the defendants’ counter claim is to be examined, as it must be, if they show a breach of the agreement in question, entitling them to recover back their alleged advances, a reference would be quite necessary, and probably inevitable.
I can therefore readily perceive that, upon the opening of the case when called for trial at the special term, the presiding judge might…
2Cases cited1 opinion
- Trotter v. LatsonNew York Supreme Court · 1852