(DOWNLOAD) "Leonidakis v. International Telecoin Corp." by United States Court Of Appeals Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Leonidakis v. International Telecoin Corp.
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 30, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Plaintiff purchased of defendant 15 Bendix washing machines to be shipped to plaintiff at Athens, Greece. When the shipment was not made within the time plaintiff desired, he canceled the contract and brought this action in the Supreme Court of the State of New York. His complaint set forth three "causes of action": the first to recover $2,532.75 advance payment on the machines, the second to recover $534.00 advanced for forwarding charges for the shipment, and the third for $10,000 damages for failure to perform the contract. Defendant removed the action to the court below, basing jurisdiction upon the diverse citizenship of the parties; it then filed its answer containing several defenses, including denials and the statute of frauds, together with a counterclaim alleging its ability and willingness to perform, the plaintiffs refusal, and its damages in the sum of $3,500. Plaintiffs reply was a denial of the allegations of the counterclaim. Plaintiff moved for a summary judgment on the first two causes of action and the answer and counterclaim.Upon considering the affidavits of the parties, the judge in a memorandum opinion ruled that the defendant was in default in not making shipment as agreed and, there being no genuine issue of material fact, plaintiff should have summary judgment upon his first two causes and, although not specifically asked, also upon the third cause as to the issue of liability, reserving for trial solely the issue of damages thereunder. Upon defendants appeal from the resulting order, plaintiff raises first a question as to its appealability.
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