Todd v. Gamble
New York Supreme Court
Appeal from circuit court, New York county. Action by Albert' U. Todd and another against James Gamble and others. From a judgment entered on a verdict for plaintiffs, and from an order denying a motion for a new trial made on the minutes, defendants appeal. Reversed. This action was brought to recover damages for defendants’ failure to receive and pay for silicate of soda, tobe manufactured and delivered under an executory . contract.
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Appeal from circuit court, New York county. Action by Albert' U. Todd and another against James Gamble and others. From a judgment entered on a verdict for plaintiffs, and from an order denying a motion for a new trial made on the minutes, defendants appeal. Reversed. This action was brought to recover damages for defendants’ failure to receive and pay for silicate of soda, tobe manufactured and delivered under an executory . contract. The plaintiffs were engaged in this state in the manufacture and sale of silicate of soda, which is used in manufacturing laundry soap, in which business'the…
1Opinion of the CourtFollett, J.
The existence of the contract, and that it was broken by the defendants, were facts conceded on the trial, as was also the quantity of American silicate of soda which defendants purchased of manufacturers other than the plaintiff, and used in their business, during the term for which the contract ran. In case a vendor agrees, by an executory contract, to manufacture goods, to be delivered from time to time as ordered by the vendee, to be paid for after each .successive delivery, and the vendee, after having accepted and paid for a part, gives notice that he will not receive or pay for the…
2Cases cited1 opinion
- Windmuller v. PopeNew York Court of Appeals · 1887
3Cited by7 opinions
- Funke v. AllenNebraska Supreme Court · 1898
- Kinkead v. LynchU.S. Circuit Court for the District of Nevada · 1904
- City of Chicago v. FarwellIllinois Supreme Court · 1918
- Levy v. GlassbergAppellate Terms of the Supreme Court of New York · 1905
- Thomas v. CauldwellThe Superior Court of the City of New York and Buffalo · 1893
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