Food Trade Publishing Co. v. Harnishfeger

Appellate Terms of the Supreme Court of New York

Food Trade Publishing Co. v. Harnishfeger

87 N.Y.S. 421

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 24, 1904

StatusPublished

This text of 87 N.Y.S. 421 (Food Trade Publishing Co. v. Harnishfeger) 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

Food Trade Publishing Co. v. Harnishfeger, 87 N.Y.S. 421 (N.Y. Ct. App. 1904).

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Opinion

SCOTT, J.

Upon notification by defendant’s decedent that he refused to fulfill the contract on his part, the plaintiff’s assignor should have discontinued the publication of the advertisement. It had no right to proceed after such countermand. Mendell v. Willyoung, 42 Misc. Rep. 210, 85 N. Y. Supp. 647. For the unexpired term of the contract the plaintiff’s only claim was for damages. No proof of such damages was offered. Therefore there was nothing on which to base any larger judgment than was rendered.

Judgment affirmed, with costs. All concur.

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SCOTT, J.

Upon notification by defendant’s decedent that he refused to fulfill the contract on his part, the plaintiff’s assignor should have discontinued the publication of the advertisement. It had no right to proceed after such countermand. Mendell v. Willyoung, 42 Misc. Rep. 210, 85 N. Y. Supp. 647. For the unexpired term of the contract the plaintiff’s only claim was for damages. No proof of such damages was offered. Therefore there was nothing on which to base any larger judgment than was rendered.

Judgment affirmed, with costs. All concur.

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Bluebook (online)

87 N.Y.S. 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/food-trade-publishing-co-v-harnishfeger-nyappterm-1904.

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