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COPP v. COLONIAL COAL AND IRON CO

Supreme Court, Appellate Term
Jan 1, 1901
33 Misc. 773 (N.Y. App. Term 1901)

Opinion

January, 1901.

John O'Connell (George M. Van Hoesen, of counsel), for appellant.

James Stikeman, for respondent.


If the plaintiff had any cause of action against the defendant on account of the matters stated, it was for damages for breach of contract. Either the defendant by its action in consolidating made it impossible for the plaintiff to perform and so become liable as for a breach, or there was a breach of the contract caused by the plaintiff's discharge through Osgood.

At all events, it is quite clear that the plaintiff did not and could not perform his contract after the consolidation, and as the action is to recover as for performance the complaint should have been dismissed at the trial.

The judgment is affirmed, with costs.

Present: TRUAX, P.J., SCOTT and DUGRO, JJ.

Judgment affirmed, with costs.


Summaries of

COPP v. COLONIAL COAL AND IRON CO

Supreme Court, Appellate Term
Jan 1, 1901
33 Misc. 773 (N.Y. App. Term 1901)
Case details for

COPP v. COLONIAL COAL AND IRON CO

Case Details

Full title:WILLIAM A. COPP, Appellant, v . THE COLONIAL COAL AND IRON COMPANY…

Court:Supreme Court, Appellate Term

Date published: Jan 1, 1901

Citations

33 Misc. 773 (N.Y. App. Term 1901)