Blewett v. . Baker
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of the plaintiff entered upon a verdict. (Reported below, 5 Jones & Spencer, 23.) , This action was brought to recover damages for an alleged breach of contract.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of the plaintiff entered upon a verdict. (Reported below, 5 Jones & Spencer, 23.) , This action was brought to recover damages for an alleged breach of contract. Plaintiff alleged, and his evidence tended to show, that in April, 1872, he entered into a contract with defendant by which he agreed to lease certain premises in Hew York suitable for the manufacture of what was styled “ patent bolster spring beds; ” was to find security for the payment of the rent and to assign the…
1Opinion of the CourtAllen, J.
Hpon conflicting evidence the jury have found for the plaintiff, and the verdict cannot be .disturbed by this court. The verdict establishes the. making of the contract as alleged by the plaintiff, and that, within a reasonable time after the modification of the agreement, the plaintiff procured a lease of the premises required for the performance of the work contracted for and offered to assign the same to the defendant, in pursuance and performance • of the agreement, who refused to accept the same, and repudiated the contract, upon the sole ground (which was negatived by the verdict) that…
2Cases cited1 opinion
- Cornwell v. . HaightNew York Court of Appeals · 1860
3Cited by6 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- McCarthy v. Bowling Green Storage & Van Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Giles Lithographic & Liberty Printing Co. v. Recamier Manufacturing Co.New York Court of Common Pleas · 1888
- Stokes v. MackayNew York Supreme Court · 1894
- Sistare v. OlcottNew York Supreme Court · 1888
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