Filling v. Henry Steers, Inc.

Appellate Division of the Supreme Court of New York

Filling v. Henry Steers, Inc.

234 A.D. 713

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1931

StatusPublished

This text of 234 A.D. 713 (Filling v. Henry Steers, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Filling v. Henry Steers, Inc., 234 A.D. 713 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment affirmed, with costs. No opinion. Lazansky, P. J., Young and Davis, JJ., concur; Carswell and Scudder, JJ., dissent and vote for reversal on the ground that after selling all the fill to defendant the plaintiff removed or- permitted to be removed a substantial portion of the fill and thereby breached the contract and became unable on its part to perform. It, therefore, cannot recover for the breach of defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment affirmed, with costs. No opinion. Lazansky, P. J., Young and Davis, JJ., concur; Carswell and Scudder, JJ., dissent and vote for reversal on the ground that after selling all the fill to defendant the plaintiff removed or- permitted to be removed a substantial portion of the fill and thereby breached the contract and became unable on its part to perform. It, therefore, cannot recover for the breach of defendant.

Cite This Page — Counsel Stack

Bluebook (online)

234 A.D. 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filling-v-henry-steers-inc-nyappdiv-1931.