72 A.D. 76 | N.Y. App. Div. | 1902
The appeal comes into this court by an order of the justices who heard the appeal from the Municipal Court. We think the judgment should be affirmed, and in the main we agree with the very satisfactory opinion.of the learned Appellate Term.
The Municipal Court found, and the evidence justifies, the finding, that the defendants knew of the exceptional character of the goods at the time when they received them for the" purpose of embroidery, as well as of the existence of the contract which required the plaintiff to make use of this particular fabric or lose the contract. Under such circumstances, the defendants were chargeable with notice and knowledge that there could be no ful
Ho further discussion of the question is needed in view of the opinion delivered below.
The determination of the Appellate Term should, therefore, be affirmed, with costs.
Van Brunt, P. J., Patterson, Ingraham and Laughlin, JJ., concurred.
Determination of Appellate Term affirmed, with costs.
The following is the opinion delivered at the Appellate Term:
Gildersleeve, J. :
This action is brought for breach of contract. The plaintiff is engaged in the business of decorating and furnishing houses, and made a contract to furnish a pair of portieres and other drapery to a Mr. Hewberger for §700. The defendants entered into an agreement with the plaintiff to do the necessary embroidery on the material provided by the plaintiff for the draperies. While this material was in the possession of defendants, an accident happened, whereby a portion of the material was damaged to such an extent that it could not be used in carrying out the contract that the plaintiff had made with Mr. Newberger. The material could not be duplicated. It had been manufactured especially for the draperies in question and had no market value. The unfortunate accident that resulted in damage to the material prevented (he defendants from keeping their contract with the plaintiff, and was the immediate cause of the .inability of plaintiff to carry out his agreement with Mr, Hewberger. Upon conflicting evidence, the trial justice found all disputed facts in favor of the plaintiff, and awarded him damages in the sum of §500. This sum comprises the value of the materials and labor supplied by the plaintiff, amounting to §295.22, and the profits of §204.78, which plaintiff would have received had he carried out his contract with Mr. Mewberger.
The crucial question raised on this appeal, and the only one which seems to call for discussion, is as follows, viz. : Should the rule allowing special damages be applied to this case ? It is the claim of appellants that the Uewberger contract and the surrounding circumstances were not so within the knowledge of defendants as to become part of their obligation. From a careful reading of the evidence it must be said that there is sufficient testimony to warrant the trial, justice in concluding, as he did, that defendants, at the time they undertook to do the work in question, knew that the work they contracted to perform was to
- We think that the rule for estimating the damages, adopted by the court below, under the circumstances of this case, was correct. It follows the law as declared by the Court of Appeals in the case of Booth v. Spuyten Duyvil Rolling Mill Co. (60 N. Y. 487). (See, also, Murdock v. Jones, 3 App. Div. 221.)
We find no ground for disturbing the judgment which should be affirmed,, with costs.