Marsh v. Blackman
New York Supreme Court
THE defendants are sons of Justice Blackman. In June, 1859, they entered into a written contract with the plaintiff, whereby she agreed to support and maintain the defendants’ father, then and now almost helpless, from age and infirmities, during his natural life, and the defendants agreed to pay her therefor $2 per week, to be paid semiannually.
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THE defendants are sons of Justice Blackman. In June, 1859, they entered into a written contract with the plaintiff, whereby she agreed to support and maintain the defendants’ father, then and now almost helpless, from age and infirmities, during his natural life, and the defendants agreed to pay her therefor $2 per week, to be paid semiannually. Such payments were made to the plaintiff up to October 6, 1862, when the defendants gave notice to the plaintiff, as follows : “ Take notice, that we hereby abrogate and annul the contract, which you claim to hold against us, for the support of…
1Opinion of the Court
By the Court,
Boardman, J.
The plaintiff’s right to recover in this action depends upon the assumed right of the defendants to terminate the binding force of the contract between the parties by notice, and to elect to pay the plaintiff such damages as she may recover, by reason of such breach, in lieu of the moneys to be paid under the contract, as compensation for services.
It is certainly true that, in a large class of contracts, no other remedy exists but an action for a breach of the contract, when either party refuses to perform. In very many of' these cases the equitable aid of a court, by…
2Cases cited6 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hamblin v. DinnefordNew York Court of Chancery · 1835
- Phillips v. BergerNew York Supreme Court · 1848
- Sanquirico v. BenedettiNew York Supreme Court · 1847
- Fredricks v. MayerThe Superior Court of New York City · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bomberger v. McKelveyCalifornia Supreme Court · 1950