Messmore v. New York Shot & Lead Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the New York Common Pleas, affirming a judgment for the plaintiff at Special Term. The action was brought to recover damages for a breach of contract.
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Appeal from a judgment of the General Term of the New York Common Pleas, affirming a judgment for the plaintiff at Special Term. The action was brought to recover damages for a breach of contract. It appeared upon the trial of the cause, that in June, 1861, the plaintiff made a contract with the defendant, at New York city, in writing, as follows: New Yoke, Jwie 8,1861. Mr. Daniel Messmoee, Ho. 23 William Street: Dear Sir—We will fill your order for 100,000 lbs. of Minie bullets—58 calibre, IT. S. Rifle Musket—and deliver them on board such lines as you may direct, as rapidly as possible, on…
1Opinion of the CourtMason, J.
It is not necessary to decide., in this case, whether the plaintiff was entitled, upon the evidence, to recover the value of these bullets upon the market price in Ohio, as shown by the evidence, or whether the court erred in admitting the evidence to show the value of such bullets there, as the verdict of the jury shows that no such rule of damages was adopted by the jury in giving this verdict. They simply allowed to the plaintiff the profits which he would have made had the contract been fulfilled, to wit: Three-fourths of a cent per pound, and the express charges and storage on what was…
2Cases cited1 opinion
- Reed v. . RandallNew York Court of Appeals · 1864
3Cited by70 opinions
- McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
- White v. . MillerNew York Court of Appeals · 1877
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
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