Flynn v. International Motor Co.

New York Supreme Court

Flynn v. International Motor Co.

129 Misc. 211, 221 N.Y.S. 113, 1927 N.Y. Misc. LEXIS 696

CourtNew York Supreme Court

DecidedApril 1, 1927

StatusPublished

Cited by1 cases

This text of 129 Misc. 211 (Flynn v. International Motor Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flynn v. International Motor Co., 129 Misc. 211, 221 N.Y.S. 113, 1927 N.Y. Misc. LEXIS 696 (N.Y. Super. Ct. 1927).

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Opinion

Per Curiam.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs, upon the ground that plaintiff cannot recover for moneys had and received under a contract which he had breached, particularly as the contract provided for the forfeiture of the very allowance for which plaintiff is suing, he having failed to take delivery of the second truck.

All concur; present, Lydon, Levy and Crain, JJ.

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Per Curiam.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs, upon the ground that plaintiff cannot recover for moneys had and received under a contract which he had breached, particularly as the contract provided for the forfeiture of the very allowance for which plaintiff is suing, he having failed to take delivery of the second truck.

All concur; present, Lydon, Levy and Crain, JJ.

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Bluebook (online)

129 Misc. 211, 221 N.Y.S. 113, 1927 N.Y. Misc. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-international-motor-co-nysupct-1927.

Opinion

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