Pope v. Terre Haute Car & Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order -made»March 2% 1885, which affirmed a judgment in favor of 'plaintiff entered .upon a verdict and affirmed an order denying .a motion for .a .new trial. This action was brought to recover damages for an alleged breach of a contract of purchase and sale.
Read the full summary
Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order -made»March 2% 1885, which affirmed a judgment in favor of 'plaintiff entered .upon a verdict and affirmed an order denying .a motion for .a .new trial. This action was brought to recover damages for an alleged breach of a contract of purchase and sale. The complaint alleged, in substance, that plaintiff, under the firm name of Thomas Pope & Brother, sold to defendant on or about February 2,1880, and said defendant purchased “300 tons ¿No. 1 Calder iron at a price specified,”…
1Opinion of the CourtAndrews, J.
The defendant’s counsel, on the opening of the case, moved to dismiss the complaint on the grounds (1) that it did not allege when the contract was to be performed, and (2) that it did not allege performance, or offer or tender of performance within the time. The court denied the motion and exception was taken. The plaintiffs did not offer to amend the complaint and no amendment was made at any stage of the trial. We think the motion should have been granted. There is no allegation in the complaint as to the time within which the contract was to be performed by delivery of the iron, and no…
2Cases cited2 opinions
- Tooker v. . ArnouxNew York Court of Appeals · 1879
- Osborne v. LawrenceNew York Supreme Court · 1832
3Cited by40 opinions
- Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- John F. Trainor Co. v. G. Amsinck & Co.New York Court of Appeals · 1923
- Freeport Sulphur Co. v. Aetna Life Ins. Co. Aetna Life Ins. Co. v. Freeport Sulphur CoCourt of Appeals for the Fifth Circuit · 1953
35 more not listed; retrieve them via the Exa API.