Poel v. . Brunswick-Balke-Collender Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8,1913, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are' stated in the opinion. No contract valid within the provisions of the Statute of Frauds was proved. (Sydney Glass Works v. Barnes, 68 Hun, 374; Mahar v. Compton, 18 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8,1913, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are' stated in the opinion. No contract valid within the provisions of the Statute of Frauds was proved. (Sydney Glass Works v. Barnes, 68 Hun, 374; Mahar v. Compton, 18 App. Div. 540; Nundy v. Matthews, 34 Hun, 74; Bishop on Contracts [Ed. of 1887], 322, 323; Myers v. Smith, 48 Barb. 614; Uhlam…
1Opinion of the CourtSeabury, J.
In this action the plaintiffs sued to recover damages from this defendant for the breach of an executory contract. The plaintiffs are the general partners of the limited partnership of Poel & Arnold. The defendant is a corporation organized under the laws of the state of Hew York. The theory of the action is that the defendant agreed to accept and pay for certain rubber which the plaintiffs agreed to sell to it, and that the refusal of the defendant -to accept and pay for said rubber caused a breach of that contract. In the transac tians between the parties the defendant was represented by…
2Cases cited20 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Marden v. . DorthyNew York Court of Appeals · 1899
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
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3Cited by133 opinions
- R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
- Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
- In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
- Nifty Foods Corporation v. The Great Atlantic & Pacific Tea Company, Inc. And Pet IncorporatedCourt of Appeals for the Second Circuit · 1980
- Morris Cohon & Co. v. RussellNew York Court of Appeals · 1969
128 more not listed; retrieve them via the Exa API.