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H. Jolsen's Taendstikfabrikker Enebak & Byrn v. Thurber

118 N.Y. 684 Court N.Y. Decision date 1890-02-25 English

Delivered by Brown, J.,

Contents

Majority

p. 684
H. Jolsen’s Taendstikfabrikker Enebak and Byrn, Respondents, v. Horace K. Thurber et al. Appellants.
(Argued January 16, 1890;
decided February 25, 1890.)

Headnote

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 20, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
This action was brought to recover damages for alleged breach of a contract to purchase all of the matches plaintiff could manufacture and ship in eight months following receipt of order.
p. 685
At the close of the evidence defendants moved for a dismissal of the complaint on the ground, among others, that no such contract as alleged had been proved.
The motion was denied.
The court here, after a full examination and discussion of the evidence, reach the conclusion that the motion should have been granted.
E. More for appellants.
August Reymert for respondents.

reads for reversal and new trial.

All concur, Potter and Bradley, JJ., in result.

Judgment reversed.