Booth v. Cleveland Rolling Mill Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiffs, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Mem. of decision below, 11 Hun, 279.) This action was brought to recover damages for an alleged breach of covenants in a contract between the parties.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiffs, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Mem. of decision below, 11 Hun, 279.) This action was brought to recover damages for an alleged breach of covenants in a contract between the parties. The contract, which was under seal, was as follows: “ Memorandum of agreement made this 1st day of June, 1869, between J. L. Booth, of Rochester, N. Y., Joseph B. Sprague, and Mrs. L. S. Ashley, of New York city, party of the first…
1Opinion of the CourtAllen, J.
There is no particular formula of words, or technical phraseology, necessary to the creation of an express obligation to do, or forbear to do, a particular thing or perform a specified act. If, from the text of an agreement, and the language of the parties either in the body of the-instrument or in the recital or references, there is manifested a clear intention that the parties shall do certain acts, courts will infer a covenant in the case of a sealed instrument, or a promise if the instrument is unsealed, for non-performance of which an action of covenant or assumpsit will lie. It is a…
2Cases cited4 opinions
- Hudson Canal Co. v. Pennsylvania Coal Co.Supreme Court of the United States · 1869
- Turk v. . RidgeNew York Court of Appeals · 1869
- Delaware, Lackawanna & Western Railroad v. BownsNew York Court of Appeals · 1874
- Newell v. . WheelerNew York Court of Appeals · 1867
3Cited by48 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Todd v. . WeberNew York Court of Appeals · 1884
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- St. Lucie County Bank & Trust Co. v. AylinSupreme Court of Florida · 1927
43 more not listed; retrieve them via the Exa API.