Food Trade Publishing Co. v. Harnishfeger
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by the Food Trade Publishing Company against Wilhelmine Harnishfeger, executrix. From the judgment, plaintiff appeals. Affirmed.
1Opinion of the CourtScott, J.
Upon notification by defendant’s decedent that he refused to fulfill the contract on his part, the plaintiff’s assignor should have discontinued the publication of the advertisement. It had no right to proceed after such countermand. Mendell v. Willyoung, 42 Misc. Rep. 210, 85 N. Y. Supp. 647. For the unexpired term of the contract the plaintiff’s only claim was for damages. No proof of such damages was offered. Therefore there was nothing on which to base any larger judgment than was rendered.
Judgment affirmed, with costs. All concur.
2Cases cited2 opinions
- Mendell v. WillyoungNew York Supreme Court · 1903
- Mendell v. WillyoungAppellate Terms of the Supreme Court of New York · 1903