Meylert v. Gas Consumers' Benefit Co.
New York Circuit Court
Action by Meylert against the Gas Consumers’ Benefit Company for breach of contract. The ease was tried before the court without a jury.
1Opinion of the CourtLawrence, J.
The agreements between the parties to this action, executed in August, 1886, and March, 1887, were superseded by the contract of December 6, 1887, and they will therefore be left out of view in disposing of this case. The evidence, I think, establishes that prior to the execution of the contract of December 6, 1887, the manufacture of the “Diaphragm Burner” had been abandoned, and that, as is contended for by the plaintiff’s counsel, both parties thereafter treated in reference to the new burner, samples of which were in the possession of plaintiff. The evidence, I think, also establishes…
2Cases cited5 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Mann v. TaylorSupreme Court of Iowa · 1889
- Bean v. CarletonNew York Supreme Court · 1889
- Farwell v. DavisNew York Supreme Court · 1867