Victoria Sand Co. v. Empire Limestone Co.

Appellate Division of the Supreme Court of New York

Victoria Sand Co. v. Empire Limestone Co.

163 A.D. 933, 147 N.Y.S. 1147

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

DecidedMay 15, 1914

StatusPublished

This text of 163 A.D. 933 (Victoria Sand Co. v. Empire Limestone 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

Victoria Sand Co. v. Empire Limestone Co., 163 A.D. 933, 147 N.Y.S. 1147 (N.Y. Ct. App. 1914).

Pincite

Opinion

Judgment and order affirmed, with costs. Held: 1. That the damages awarded upon the plaintiff’s second cause of action are not shown to be inadequate, even if the jury found the contract to be as therein alleged, it appearing that there was an available market for the undelivered sand and no proof that as much could not be realized therefor in the market as the contract price. 2. That a sufficient consideration was shown to support the contract set forth in the defendant’s counterclaim. All concurred.

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Judgment and order affirmed, with costs. Held: 1. That the damages awarded upon the plaintiff’s second cause of action are not shown to be inadequate, even if the jury found the contract to be as therein alleged, it appearing that there was an available market for the undelivered sand and no proof that as much could not be realized therefor in the market as the contract price. 2. That a sufficient consideration was shown to support the contract set forth in the defendant’s counterclaim. All concurred.

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Bluebook (online)

163 A.D. 933, 147 N.Y.S. 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victoria-sand-co-v-empire-limestone-co-nyappdiv-1914.