The New York Supplement, Volume 106 |
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Page 7
In an action for breach of a contract of sale of a monument to be ex ecuted in best Westerly granite , evidence held to support a verdict for plaintiff on the ground of nonperformance . [ Ed . Note . For cases in point , see Cent .
In an action for breach of a contract of sale of a monument to be ex ecuted in best Westerly granite , evidence held to support a verdict for plaintiff on the ground of nonperformance . [ Ed . Note . For cases in point , see Cent .
Page 8
The subsequent correspondence between the parties is im- material , except that thereafter the plaintiff notified the defendant that he rejected the monument and headstone as not in accord with the contract , and that it was subject to ...
The subsequent correspondence between the parties is im- material , except that thereafter the plaintiff notified the defendant that he rejected the monument and headstone as not in accord with the contract , and that it was subject to ...
Page 9
The opinion in part reads : " The consideration of the contract is never the rule of estimating the dam- ages for the breach of an express agreement . When by reason of a failure on the part of one of the contracting parties , or other ...
The opinion in part reads : " The consideration of the contract is never the rule of estimating the dam- ages for the breach of an express agreement . When by reason of a failure on the part of one of the contracting parties , or other ...
Page 10
The jury have found that he did so within a reasonable time , and this finding of fact , considering the difficulty in ascertaining wherein the contract was improperly perform- ed , we cannot say is against the weight of evidence .
The jury have found that he did so within a reasonable time , and this finding of fact , considering the difficulty in ascertaining wherein the contract was improperly perform- ed , we cannot say is against the weight of evidence .
Page 11
It is doubtful , in the case at bar , whether there is any warranty accompanying this contract . See Staiger v . Soht , 116 App . Div . 874 , 102 N. Y. Supp . 342. If the defendant's contention be true that there is no warranty ...
It is doubtful , in the case at bar , whether there is any warranty accompanying this contract . See Staiger v . Soht , 116 App . Div . 874 , 102 N. Y. Supp . 342. If the defendant's contention be true that there is no warranty ...
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140 New York action affirmed agreed agreement alleged amount appeal Appellate Division application appointment attorney authority building cause Cent certificate charge claim Code Company complaint condition contract corporation costs counsel damages death defendant defendant's denied Department determined directed duty effect entitled evidence examination execution fact filed follows given granted ground held interest issue judgment jury justice land matter mortgage motion N. Y. Supp negligence Note notice objection obtained owner paid party payment person plaintiff possession premises presented proceedings purchase question railroad reason received recover referred refused relator respondent reversed rule sell Special statute street sufficient Supreme Court Term thereof tion trial trust witnesses York State Reporter
Bibliographic information
| Title | The New York Supplement, Volume 106 National reporter system |
| Contributor | West Publishing Company |
| Publisher | West Publishing Company, 1908 |
| Original from | Harvard University |
| Digitized | 6 Aug 2007 |
| Export Citation | BiBTeX EndNote RefMan |