Chaityn v. Stock
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by David Chaityn and others against Annie Stock and another. Judgment for plaintiffs, and defendants appeal.
1Opinion of the CourtLehman, J.
The plaintiffs have brought an action for breach of contract by the defendants in failing to dye skins according to sample. The trial justice has rendered judgment for the full value of the skins, although it appears that the skins were not rendered valueless by the alleged unskillful dyeing, probably because the plaintiffs testified that the skins were of no use to them. The measure of damages was improper. Emmerich v. Chegnay, 46 Misc. Rep. 456, 92 N. Y. Supp. 336. The plaintiffs have neither alleged nor proven any special damage, and the correct measure of damages is the difference between…
2Cases cited1 opinion
- Emmerich v. ChegnayAppellate Terms of the Supreme Court of New York · 1905