George v. Gervas Canning Co.

Appellate Division of the Supreme Court of New York

George v. Gervas Canning Co.

257 A.D. 1028, 13 N.Y.S.2d 594, 1939 N.Y. App. Div. LEXIS 8950

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

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1028 (George v. Gervas Canning Co.) 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

George v. Gervas Canning Co., 257 A.D. 1028, 13 N.Y.S.2d 594, 1939 N.Y. App. Div. LEXIS 8950 (N.Y. Ct. App. 1939).

Pincite

Opinion

— Judgment and order affirmed, with costs. Memorandum: There was sufficient evidence for the jury to find that the defendant unreasonably refused to accept delivery of, and to pay for beans grown by plaintiff for the defendant under the terms of the contract between the parties, and also to find that thereafter the plaintiff used reasonable efforts to dispose of the beans so refused by the defendant. The verdict was not excessive in amount. All concur. (The judgment is for plaintiff in an action for damages for breach of contract. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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— Judgment and order affirmed, with costs. Memorandum: There was sufficient evidence for the jury to find that the defendant unreasonably refused to accept delivery of, and to pay for beans grown by plaintiff for the defendant under the terms of the contract between the parties, and also to find that thereafter the plaintiff used reasonable efforts to dispose of the beans so refused by the defendant. The verdict was not excessive in amount. All concur. (The judgment is for plaintiff in an action for damages for breach of contract. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 1028, 13 N.Y.S.2d 594, 1939 N.Y. App. Div. LEXIS 8950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-v-gervas-canning-co-nyappdiv-1939.