Phelan v. Jones

Appellate Terms of the Supreme Court of New York

Phelan v. Jones

114 N.Y.S. 9

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 7, 1909

StatusPublished

This text of 114 N.Y.S. 9 (Phelan v. Jones) 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

Phelan v. Jones, 114 N.Y.S. 9 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

The action is to recover damages for the breach of a contract for the sale and delivery of certain stock of a mining corporation; the alleged breach consisting of the defendant’s failure to deliver. Without passing on the other questions raised by the briefs, it seems sufficient to say that our attention has not been called to any evidence tending to show that the plaintiffs offered to perform on their part, or even that' they were able and willing to perform, and we have not ourselves been able to find any such testimony in the record.

The judgment must therefore be reversed, and a new trial ordered, with costs to the appellant to abide the event.

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PER CURIAM.

The action is to recover damages for the breach of a contract for the sale and delivery of certain stock of a mining corporation; the alleged breach consisting of the defendant’s failure to deliver. Without passing on the other questions raised by the briefs, it seems sufficient to say that our attention has not been called to any evidence tending to show that the plaintiffs offered to perform on their part, or even that' they were able and willing to perform, and we have not ourselves been able to find any such testimony in the record.

The judgment must therefore be reversed, and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

114 N.Y.S. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelan-v-jones-nyappterm-1909.