Baker Transfer Co. v. Merchants Refrigerating & Ice Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Baker Transfer Company, from a. judgment of the Supreme Court in favor of the defendant, entered upon the dismissal of the complaint directed by the court,, upon-a trial before the court and a jury, on the ground that the complaint did not state facts sufficient to constitute a cause of action.
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Appeal by the plaintiff, the Baker Transfer Company, from a. judgment of the Supreme Court in favor of the defendant, entered upon the dismissal of the complaint directed by the court,, upon-a trial before the court and a jury, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The action was brought upon a written agreement of the parties, wherein it was recited that the defendant was engaged in the-manufacture of artificial ice in the city of New York, and would have an output of from 15 to 100 tons per day, and that the intention was to dispose…
1Opinion of the Court
Williams, J.:. The question raised by this appeal is, whether under the facts alleged in the complaint a covenant should be implied on the part of the defendant to furnish the ice for delivery to customers. There is no uncertainty in the agreement as to the quantity of ice; it was 75 to 100 tons daily, at least 75 tons.
The general rules of law relating to implied covenants are well settled and have been frequently stated by the courts. (Booth v. Cleveland Mill Co., 74 N. Y. 21; Jugla v. Troutett, 120 id. 27; Genet v. D. & H. C. Co., 136 id. 608, 609 ; Jacquin v. Boutard 89 Hun, 437, and eases…
2Cases cited1 opinion
- Jacquin v. BoutardNew York Supreme Court · 1895
3Cited by10 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- W. P. Fuller & Co. v. SchrenkAppellate Division of the Supreme Court of the State of New York · 1901
- Friede v. White Co.District Court, S.D. New York · 1917
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