Sullivan v. New York & Rosendale Cement Co.
New York Court of Appeals
Appeal from judgment of the Gteneral Term of the Supreme Court in the third judicial department, entered upon an order made May 1Y, 1888, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. There was no breach of the contract on defendant’s part; but, on the contrary, it was plaintiffs who were guilty of a breach, by reason whereof a. nonsuit should have been granted.
Read the full summary
Appeal from judgment of the Gteneral Term of the Supreme Court in the third judicial department, entered upon an order made May 1Y, 1888, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. There was no breach of the contract on defendant’s part; but, on the contrary, it was plaintiffs who were guilty of a breach, by reason whereof a. nonsuit should have been granted. (Viel v. T. & B. R. R. Co., 21 Barb. 381; 20 N. Y. 184; King v. Wilson, 6 Beav. 124; Barney v. Loper, 16 Barb. 629 ; Titus v.…
1Opinion of the CourtO’Bbien, J.
The plaintiffs recovered damages in this action for the breach of a contract to construct a tunnel at the defendant’s cement works. The complaint alleges and it appears that on the 15th day of August, 1884, the plaintiffs Sullivan and Foley, with James Enright and Patrick Bradley as joint contractors, entered into a written contract with the defendant, whereby they undertook to construct and complete a tunnel or shaft in the defendant’s quarry, the dimensions of which were therein particularly stated. The defendant on its part agreed to pay the contractors for the construction of the tunnel…
2Cases cited6 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Cocker v. Franklin Hemp & Flax Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1839
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
- Mead v. . ParkerNew York Court of Appeals · 1888
- Howe v. HuntingtonSupreme Judicial Court of Maine · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Carney v. New York Life InsuranceNew York Court of Appeals · 1900
- Salt Springs National Bank v. SloanNew York Court of Appeals · 1892
- Williams v. Southern Pacific RailroadCalifornia Supreme Court · 1896
- Duncan v. China Mutual InsuranceNew York Court of Appeals · 1891
- Reilly v. . DodgeNew York Court of Appeals · 1892
10 more not listed; retrieve them via the Exa API.