Poel v. Brunswick-Balke-Collender Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brunswick-Balke-Collender Oompany of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of February, 1913, upon the decision of the court after a trial before the court at the New York Trial Term, a jury having been waived.
1Opinion of the Court
Laughlin, J. :
This is an action to recover damages for the breach of an executory contract for the purchase by the defendant of about twelve tons of upriver fine Para rubber. The principal questions litigated on the trial and presented for review by the appeal are with respect to whether the plaintiffs established a contract valid within the Statute of Frauds, and authority of defendant’s agent to make the contract, and concerning the measure of damages.
The plaintiffs were copartners engaged in the business of importing and dealing in crude rubber; and the defendant was a domestic corporation…
2Cases cited18 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Newton v. . BronsonNew York Court of Appeals · 1856
- Todd v. . GambleNew York Court of Appeals · 1896
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3Cited by7 opinions
- Spiegel v. LowensteinAppellate Division of the Supreme Court of the State of New York · 1914
- Transit Advertisers, Inc. v. New York, New Haven & Hartford R. CoCourt of Appeals for the Second Circuit · 1952
- Williams v. BuntinCourt of Appeals of Tennessee · 1927
- Delaware Mills, Inc. v. Carpenter Bros.Appellate Division of the Supreme Court of the State of New York · 1922
- Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914
2 more not listed; retrieve them via the Exa API.