Seibert v. Dunn
New York Supreme Court
Motion for the direction of a verdict in an action brought by the assignee of a contract for the sale of brick.
1Opinion of the CourtCrane, J.
The plaintiff is an assignee of the amount due the Eastern Paving Brick Company upon a contract *423with the defendant, Bart Dunn, for brick delivered thereunder; and the principal question which has arisen is whether the defendant can defend or counterclaim because of the damages he has sustained through a subsequent breach of the contract by the assignor.
The facts are as follows: On July 11, 1900, the Eastern Paving Brick 'Company, by written contract, agreed to furnish the defendant all the vitrified brick required by him in the performance of the work under his contract with the city of ¡New…
2Cases cited9 opinions
- Rothschild v. . MackNew York Court of Appeals · 1889
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Fera v. . WickhamNew York Court of Appeals · 1892
- Myers v. . DavisNew York Court of Appeals · 1860
- Smith v. . FeltonNew York Court of Appeals · 1871
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3Cited by5 opinions
- In Re the Accounting of FraserNew York Court of Appeals · 1937
- Fairmount Film Corp. v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of ScheftelNew York Surrogate's Court · 1935
- Smith v. HedgesNew York Supreme Court · 1915
- In re the Judicial Settlement of the Account of Proceedings of FraserAppellate Division of the Supreme Court of the State of New York · 1937