Pocono Forestry Corp. v. Price

Appellate Division of the Supreme Court of New York

Pocono Forestry Corp. v. Price

273 A.D. 812, 75 N.Y.S.2d 735, 1948 N.Y. App. Div. LEXIS 4753

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

DecidedJanuary 12, 1948

StatusPublished

Cited by1 cases

This text of 273 A.D. 812 (Pocono Forestry Corp. v. Price) 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.

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Pocono Forestry Corp. v. Price, 273 A.D. 812, 75 N.Y.S.2d 735, 1948 N.Y. App. Div. LEXIS 4753 (N.Y. Ct. App. 1948).

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Opinion

Action to recover damages because of failure of defendants to accept and pay for wagons which they had contracted to purchase from plaintiff. Order denying motion to dismiss the second cause of action for insufficiency reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. An action for fraud, in addition to that based on breach of contract, is not maintainable [813]*813under the facts pleaded hereon. The agreement to accept the wagons and to pay therefor was merged in the contract as pleaded, and no fraud extraneous thereto is alleged which is essential, as distinguished from action on contract, to recovery of damages. (Adams v. Gillig, 199 N. Y. 314, 318, 320; Crossways Apartments Corporation V. Amante, 213 App. Div. 430, 437; Brick v. CohnHall-Marw Co., 276 N. Y. 259, 265.) Lewis, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur. [See post, p. 857.]

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Action to recover damages because of failure of defendants to accept and pay for wagons which they had contracted to purchase from plaintiff. Order denying motion to dismiss the second cause of action for insufficiency reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. An action for fraud, in addition to that based on breach of contract, is not maintainable [813]*813under the facts pleaded hereon. The agreement to accept the wagons and to pay therefor was merged in the contract as pleaded, and no fraud extraneous thereto is alleged which is essential, as distinguished from action on contract, to recovery of damages. (Adams v. Gillig, 199 N. Y. 314, 318, 320; Crossways Apartments Corporation V. Amante, 213 App. Div. 430, 437; Brick v. CohnHall-Marw Co., 276 N. Y. 259, 265.) Lewis, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur. [See post, p. 857.]

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273 A.D. 812, 75 N.Y.S.2d 735, 1948 N.Y. App. Div. LEXIS 4753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pocono-forestry-corp-v-price-nyappdiv-1948.

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