Sterling Motor Truck Co., N.Y. v. M. G. Trucking

Full title: STERLING MOTOR TRUCK CO. OF N.Y., INC., Respondent, v. M. G. TRUCKING CO.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1928

223 App. Div. 889 (N.Y. App. Div. 1928)

Opinion

May, 1928.

Judgment affirmed, with costs. No opinion. Settle order on notice, containing additional finding of fact of special circumstances which take the case out of the operation of the general rule that the difference in value between the contract and the market price is the correct measure of damage.

Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ.