(Supreme Court, Appellate Term.Headnote
Sales—Contract—Breach—Damages—1Trial—Direction of Verdict.Defendant agreed to buy from plaintiff certain household furniture and the unexpired term of a lease for $1,000, payable $200 down, and the balance on September 35, 1904, and to pay $150 deposited by plaintiff as security for the last month’s rent, and one-half of the September rent, paid to the landlord in advance. Defendant paid the $200, but after plaintiff had prepared to move, and secured a van and labor to move the furniture not sold, defendant repudiated the contract, and demanded a return of the $200, which plaintiff refused to return, and brought suit to recover $420.50. Held that, on proof of such facts, it was error for the court to direct a verdict for plaintiff for the expenditure of the van and labor, and to withdraw from the jury the other items of damage.
Appeal from Municipal Court, Borough of Manhattan, Twelfth District.
Action by Nettie Fox against Lucy A. Woods. From a judgment in favor of plaintiff for less than the relief demanded, she appeals.
Argued before SCOTT, P. J., and MacLHAN and DUGRO, JJ.Josiah Canter, for appellant.
Wray & Callaghan, for respondent.
Through a broker, the defendant on August SI, 1904, agreed to buy from the plaintiff certain household furniture and the unexpired term of a lease of the premises 160 West Forty-Sixth street for $1,000, payable $200 down, and the balance, $800, on September 15th, when possession was to be given. She was also to pay $150, deposited by the plaintiff as security for the last month’s rental, and $75, being one-half of the September rent paid to the landlord in advance. The plaintiff rented rooms. The defendant was to do the like, and said that, as she had arranged for her own lodgers and boarders, she desired that the plaintiff empty the rooms; promising to make good the loss on taking possession.