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

Appellate Terms of the Supreme Court of New York·Decided March 24, 1904·Published

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.

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

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Opinion

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