PAKAS V. HOLLINGSHEAD
77 N.E. 40 (N.Y. 1906)
NATURE OF THE CASE: Pakas (P) appealed a judgment affirming a judgment in favor of
Hollingshead (D) upon a dismissal of the complaint by the trial court.
FACTS: D agreed to sell and deliver to P fifty thousand pairs of bicycle pedals to be
delivered and paid for in installments, as specified in the contract. D delivered two
thousand six hundred and eight pairs of pedals under the contract, and refused to make
further deliveries. P commenced an action for breach of this contract. D had failed to
deliver sixteen thousand eight hundred and ninety-two pairs, which were to be delivered up
to the first of March, 1899. P recovered judgment against D for the full amount claimed in
the complaint in the action as damages for the breach of the contract, which judgment has
been paid by D in full. In February, 1900, P commenced the present action to recover damages
for a failure to deliver the balance of the fifty thousand pairs remaining for delivery
after March. Judgment was given in favor of D and this judgment was affirmed on appeal. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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