Schlottmann v. E. I. Du Pont de Nemours Powder Co.

U.S. Circuit Court for the District of Southern New York

Schlottmann v. E. I. Du Pont de Nemours Powder Co.

178 F. 309, 1910 U.S. App. LEXIS 5375

CourtU.S. Circuit Court for the District of Southern New York

DecidedMarch 5, 1910

StatusPublished

This text of 178 F. 309 (Schlottmann v. E. I. Du Pont de Nemours Powder Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schlottmann v. E. I. Du Pont de Nemours Powder Co., 178 F. 309, 1910 U.S. App. LEXIS 5375 (circtsdny 1910).

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Opinion

LACOMBF, Circuit Judge.

This case seems to be clearly within the various decisions in the Hopedale and Storage Battery controversy. [310]*310Hopedale Electric Co. v. Electric Storage Battery Co., 39 App. Div. 451, 57 N. Y. Supp. 422; Id., 96 App. Div. 344, 89 N. Y. Supp. 325; Id., 184 N. Y. 356, 77 N. E. 394. To recover damages for the breach there should be averments that plaintiff was damaged by defendant’s wrongful acts in depriving him of the opportunity to have a test made of the value of the property. In so deciding the court is not to be understood as expressing any opinion on the measure of damages, or as to what presumptions may or may not arise from a breach of this sort.

Demurrer sustained, with leave to amend complaint within 20 days.

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LACOMBF, Circuit Judge.

This case seems to be clearly within the various decisions in the Hopedale and Storage Battery controversy. [310]*310Hopedale Electric Co. v. Electric Storage Battery Co., 39 App. Div. 451, 57 N. Y. Supp. 422; Id., 96 App. Div. 344, 89 N. Y. Supp. 325; Id., 184 N. Y. 356, 77 N. E. 394. To recover damages for the breach there should be averments that plaintiff was damaged by defendant’s wrongful acts in depriving him of the opportunity to have a test made of the value of the property. In so deciding the court is not to be understood as expressing any opinion on the measure of damages, or as to what presumptions may or may not arise from a breach of this sort.

Demurrer sustained, with leave to amend complaint within 20 days.

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178 F. 309, 1910 U.S. App. LEXIS 5375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlottmann-v-e-i-du-pont-de-nemours-powder-co-circtsdny-1910.

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