Branower & Son, Inc. v. Waldes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry Waldes and others, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 10th day of May, 1916, denying a motion to strike this case from the Trial Term calendar.
1Opinion of the Court
Scott, J.:
The action is for damages for the defendants’ refusal to comply with a contract by which they undertook to furnish certain merchandise to plaintiff. There were three counts in the com plaint and in none of them did the plaintiff allege that it had performed the conditions of the contract on its part to be performed. This objection was taken by defendants at the very outset on a motion to dismiss the complaint and was renewed at various times during the trial, especially when there was offered evidence tending to show performance on the plaintiff’s *677part. ■ All these objections were…
2Cases cited6 opinions
- Penniman v. Fuller & Warren Co.New York Court of Appeals · 1892
- Brooks Bros. v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1907
- Molloy v. . Village of Briarcliff ManorNew York Court of Appeals · 1916
- Kyle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- Hayes v. KerrAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Halmar Distributors, Inc. v. Approved ManufacturIng Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- 100 Hudson Tenants Corp. v. LaberAppellate Division of the Supreme Court of the State of New York · 1983
- Hawley v. Travelers Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Pourquoi M.P.S., Inc. v. Worldstar International, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- Bator v. Hungarian Commercial Bank of PestDistrict Court, S.D. New York · 1950
3 more not listed; retrieve them via the Exa API.