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Victoria Sand Company v. Empire Limestone Company

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1914
163 App. Div. 933 (N.Y. App. Div. 1914)

Opinion

May, 1914.


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.


Summaries of

Victoria Sand Company v. Empire Limestone Company

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1914
163 App. Div. 933 (N.Y. App. Div. 1914)
Case details for

Victoria Sand Company v. Empire Limestone Company

Case Details

Full title:Victoria Sand Company, Appellant, v. Empire Limestone Company, Respondent

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

Date published: May 1, 1914

Citations

163 App. Div. 933 (N.Y. App. Div. 1914)