From Casetext: Smarter Legal Research

Manhattan S. Institution v. Gottfried Baking Co.

Court of Appeals of the State of New York
Jul 29, 1941
286 N.Y. 398 (N.Y. 1941)

Opinion

Argued June 9, 1941

Decided July 29, 1941

Appeal from the Supreme Court, Appellate Division, First Department, WALSH, J.

John J. Cunneen for appellant.

Allan R. Campbell for respondent.


The plaintiff proved that the defendant breached its contract. The question whether the plaintiff suffered substantial damages by such breach is one of fact, and the determination of that question against the plaintiff in the courts below may not be reviewed in this court. The plaintiff was, however, entitled as matter of law to an award of nominal damages.

The judgments should be reversed and judgment directed for the plaintiff for six cents damage, without costs.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Judgments reversed, etc.


Summaries of

Manhattan S. Institution v. Gottfried Baking Co.

Court of Appeals of the State of New York
Jul 29, 1941
286 N.Y. 398 (N.Y. 1941)
Case details for

Manhattan S. Institution v. Gottfried Baking Co.

Case Details

Full title:MANHATTAN SAVINGS INSTITUTION, Appellant, v. GOTTFRIED BAKING COMPANY…

Court:Court of Appeals of the State of New York

Date published: Jul 29, 1941

Citations

286 N.Y. 398 (N.Y. 1941)
36 N.E.2d 637

Citing Cases

UV Industries, Inc. v. Sharon Steel Corp.

In the event of a breach, the wronged party is entitled at least to recover nominal damages. Three-Seventy…

McCoy Associates, Inc. v. Nulux, Inc.

"it is a well-settled tenet of contract law that even if the breach of contract caused no loss or if the…