Dreyfuss v. Foster
City of New York Municipal Court
Appeal from trial term. Action by Bernard Dreyfuss against Meyer Foster and others, for refusal to accept goods sold. Defendants appeal from judgment entered on verdict in favor of'plaintiff.
1Opinion of the CourtEhrlich, J.
The complaint contains a single cause of action, which is for damages, direct and consequential, claimed for the breach of a written contract. Three elements of damage are alleged: First, refusal to accept or permit a delivery of 564 busts; second, refusal to pay one-half the cost of a model; and, third, as an item of special damage, $5.64 per day from February 27, 1886, to the date of the trial of the action, as the value of the use of the space in plaintiff’s factory, occupied by the 564 busts, in consequence of defendants’ wrongful refusal to accept the same. Prior to the trial, an order…
2Cited by1 opinion
- Ogburn-Dalchau Lumber Co. v. TaylorCourt of Appeals of Texas · 1910