Machinery Utilities Co. v. Fry
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtFinch, J.
From an order denying the motion of defendants for judgment on the pleadings dismissing the complaint (taken in conjunction with the bill of particulars) under rule 112 of the Rules of Civil Practice, upon the ground that the same does not state a cause of action upon its face, the defendants appeal.
' The sole point involved is whether or not certain letters between the parties show a meeting of the minds of the parties upon an offer and alleged acceptance. The letters, numbered one to six, relied upon to establish the contract, are annexed to the amended bill of particulars. The defendants…
2Cases cited3 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Mahar v. ComptonAppellate Division of the Supreme Court of the State of New York · 1897
- Eustathopoulo v. GillespieAppellate Division of the Supreme Court of the State of New York · 1926
3Cited by6 opinions
- Gram v. Mutual Life InsuranceNew York Court of Appeals · 1950
- Homayouni v. ParibasAppellate Division of the Supreme Court of the State of New York · 1997
- Kleinberg v. Ambassador AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- Herrmann v. SeiderNew York Supreme Court · 1958
- Kelley v. Bryan Ins. Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
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