Rafolovitz v. American Tobacco Co.
New York Supreme Court
Action by Joseph Bafolovitz against the American Tobacco Company. Defendant demurs to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. Demurrer sustained.
1Opinion of the CourtLawbence, J.
The demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action, must be sustained. Two causes of action are alleged in the complaint, in one of which the plaintiff claims specific damage result*275ing from the failure of the defendant to perform its alleged contract by reason of the inability of Rafolovitz & Son, on their part, to perform certain agreements and obligations entered into with other parties, on the assumption that the defendant would perform its alleged contract, and by reason of certain expenditures which they had incurred in…
2Cases cited2 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Hurd v. . GillNew York Court of Appeals · 1871
3Cited by2 opinions
- Automatic Vending Co. v. HeinsAppellate Terms of the Supreme Court of New York · 1902
- Silberman v. SchwarczAppellate Terms of the Supreme Court of New York · 1904