Court of Appeals of New York
77 N.E. 40 (N.Y. 1906)
Solomon Pakas (plaintiff) agreed to buy 50,000 pairs of bicycle pedals from William Hollingshead and others (defendants). The contract stated that the pedals would be delivered and paid for in installments. The defendants delivered 2608 pairs of pedals and then stated that it would not deliver anymore. On March 15, 1889, Pakas brought suit for the defendants’ breach of the contract up to that point. As of March 1, 1899, the defendants had been required to deliver 19,000 pairs of pedals. Pakas won that suit, recovering the entire amount claimed. Subsequently, in February 1900, Pakas brought this suit, seeking to recover for the remainder of the defendants’ breach—for the additional 31,000 pedals that were due after March 1, 1899, but were not delivered. The defendants claimed that the judgment in the first suit was a bar to any additional recovery for the plaintiff. The trial court ruled in favor of the defendants and the appellate court affirmed. Pakas appealed.
Rule of Law
Holding and Reasoning (O’Brien, J.)
Dissent (Cullen, J.)
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