St. Regis Paper Co. v. Santa Clara Lumber Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 21, 1901, affirming a judgment in favor of defend" ant entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 21, 1901, affirming a judgment in favor of defend" ant entered upon a dismissal of the complaint by the court on trial at Special Term. The plaintiff seeks in this action the construction and specific performance of a contract, the material portions of which read as follows: “This agreement, made this 29tli day of August, in the year one thousand eight hundred and ninety-nine, between The Santa Clara-Lumber Company, a domestic corporation duly incorporated and organized…
1Opinion of the CourtBartlett, J.
The complaint was dismissed by the trial judge on the pleadings and the opening of plaintiff’s counsel and judgment entered to that effect, which was affirmed by the Appellate Division without opinion on the authority of same case in 55 Appellate Division, 225 (66 App. Div. 617). We are now called upon to review this determination.
This case has been twice before the Appellate Division on questions of remedy; on an appeal by the defendant from an order continuing an injunction pendente lite (31 Misc. Rep. 695), which resulted in reversal with an opinion (55 App. Div. 225); again on the…
2Cases cited7 opinions
- Peabody v. NorfolkMassachusetts Supreme Judicial Court · 1868
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- P.P. C.I.R.R. Co. v. . C.I. B.R.R. Co.New York Court of Appeals · 1894
- Equitable Gas Light Co. v. Baltimore Coal Tar & Manufacturing Co.Court of Appeals of Maryland · 1886
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- Waldorf-Astoria Segar Co. v. SalomonAppellate Division of the Supreme Court of the State of New York · 1905
- Kennerly v. Columbia Chemical Corp.Supreme Court of Virginia · 1923
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