116 N.Y.S. 96 | N.Y. App. Div. | 1909
This is an action to recover damages for breach of contract. The plaintiff is a foreign corporation engaged in quarrying and selling granite blocks for paving. On the 30th day of March, 1903, the
The plaintiff showed that, relying on the contract, it quarried and dressed and tendered delivery of the remaining granite blocks called for by the contract at the cost and expense of forty dollars per thousand, and that there was no market value for the granite blocks. This was the second trial of the issues, and recovery on the former trial by the plaintiff was reversed by the Court of Appeals on the ground that the trial proceeded on an erroneous theory with respect to the rule of damages. (Haddam Granite Co. v. Brooklyn Heights R. R. Co., 186 N. Y. 247.) On the last trial the plaintiff, for the purpose of showing that the difference between the contract price and market value could not be the measure of damages, showed, as already observed, that there was no market value. Assuming that the plaintiff has the right to sue, a prima facie case was presented. The trial court, however, dismissed the complaint upon the ground that the plaintiff was doing business in this State, within the intent and meaning of section 15 of the General Corporation Law,
We are of opinion that the court erred in so ruling. The plaintiff is a foreign corporation organized under the laws of Connecticut,
It follows, therefore, that the judgment and order should' be reversed and a new trial granted, with costs to the appellant to abide the event.
..Patterson, P. J., McLaughlin, Clarke and Houghton, JJ., concurred.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.
See Laws of 1899, chap. 687, § 15, as amd. hy Laws of 1901, chap. 538. Since amd. by Laws of 1904, chap. 490.— [Rep.