Hall v. Wykle

Appellate Division of the Supreme Court of New York

Hall v. Wykle

255 A.D. 1029, 8 N.Y.S.2d 1017, 1938 N.Y. App. Div. LEXIS 6310

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

DecidedDecember 2, 1938

StatusPublished

This text of 255 A.D. 1029 (Hall v. Wykle) 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

Hall v. Wykle, 255 A.D. 1029, 8 N.Y.S.2d 1017, 1938 N.Y. App. Div. LEXIS 6310 (N.Y. Ct. App. 1938).

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Opinion

Judgment and order affirmed, with costs. Memorandum: Despite the demand for relief in the complaint, the action was treated, evidently by consent of the parties, as one for damages for breach of contract. On this basis, we find sufficient evidence to sustain the judgment. The judgment rests on findings that a contract existed, that it was breached, and that the amount of damages for the breach was the amount of the verdict. 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., Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment and order affirmed, with costs. Memorandum: Despite the demand for relief in the complaint, the action was treated, evidently by consent of the parties, as one for damages for breach of contract. On this basis, we find sufficient evidence to sustain the judgment. The judgment rests on findings that a contract existed, that it was breached, and that the amount of damages for the breach was the amount of the verdict. 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., Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

255 A.D. 1029, 8 N.Y.S.2d 1017, 1938 N.Y. App. Div. LEXIS 6310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-wykle-nyappdiv-1938.