Copp v. Colonial Coal & Iron Co.

Appellate Terms of the Supreme Court of New York

Copp v. Colonial Coal & Iron Co.

33 Misc. 773, 67 N.Y.S. 970

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 15, 1901

StatusPublished

This text of 33 Misc. 773 (Copp v. Colonial Coal & Iron Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Copp v. Colonial Coal & Iron Co., 33 Misc. 773, 67 N.Y.S. 970 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

If the plaintiff had any cause of action against the defendant on account of the matters stated, it was for damages for breach of contract. Either the defendant by its action in consolidating made it impossible for the plaintiff to perform and so become liable as for a breach, or there was a breach of the contract caused by the plaintiff’s discharge through Osgood.

At all events, it is quite clear that the plaintiff did not and could not perform his contract after the consolidation, and as the action is to recover as for performance the complaint should have been dismissed at the trial.

•The judgment is affirmed, with costs.

Present: Tbuax, P. J., Scott and Dugro, JJ.

Judgment affirmed, with costs.

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