Hart v. E. I. Du Pont De Nemours & Co.

Appellate Division of the Supreme Court of New York

Hart v. E. I. Du Pont De Nemours & Co.

240 A.D. 781

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

DecidedJuly 15, 1933

StatusPublished

This text of 240 A.D. 781 (Hart v. E. I. Du Pont De Nemours & 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

Hart v. E. I. Du Pont De Nemours & Co., 240 A.D. 781 (N.Y. Ct. App. 1933).

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Opinion

Judgment and order appealed from reversed on the law and the facts and a new trial granted, costs to the appellant to abide the event. In our opinion, the court charged, and the jury adopted, an erroneous measure of damages. The correct measure of damages is the difference between the market value of zinc and the contract price for the sale of the boxes, plus the reasonable cost of removing the zinc from the boxes and making it a marketable commodity. Lazansky, P. J., Kapper, Hagary, Carswell and Tompkins, JJ., concur.

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Judgment and order appealed from reversed on the law and the facts and a new trial granted, costs to the appellant to abide the event. In our opinion, the court charged, and the jury adopted, an erroneous measure of damages. The correct measure of damages is the difference between the market value of zinc and the contract price for the sale of the boxes, plus the reasonable cost of removing the zinc from the boxes and making it a marketable commodity. Lazansky, P. J., Kapper, Hagary, Carswell and Tompkins, JJ., concur.

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Bluebook (online)

240 A.D. 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-e-i-du-pont-de-nemours-co-nyappdiv-1933.