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MANNERS & CO. v. HIRSHENHORN & SONS

280 A.D. 711 (1952)

John Manners & Co., Inc., Appellant, v. S. Hirshenhorn & Sons, a Copartnership, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 12, 1952.

Attorney(s) appearing for the Case

Seymour Stone of counsel (Philip Novick with him on the brief; Seymour Stone, attorney), for appellant.

William E. Friedman of counsel (George H. Klein with him on the brief; Baer, Marks, Friedman, Berliner & Klein, attorneys), for respondent.

DORE, J. P. and COHN, J., concur with VAN VOORHIS, J.; CALLAHAN and BREITEL, JJ., dissent and vote to affirm, in opinion.

VAN VOORHIS, J.

This action has been brought to recover damages for breach of contract by defendant in failing to deliver a quantity of Chinese hog bristles which defendant had contracted to sell to plaintiff at $4.80 a pound. By the time for delivery the market had appreciated to $7.45 per pound, according to plaintiff's bill of particulars, resulting in a profit which plaintiff claims that it would have made...

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