Blewett v. . Baker
Cases that cite this one
5 later published cases cite this decision.
- McCarthy v. Bowling Green Storage & Van Co. (Appellate Division of the Supreme Court of New York 1918)
- Stokes v. Mackay (New York Supreme Court 1894)
- Giles Lithographic & Liberty Printing Co. v. Recamier Manufacturing Co. (New York Court of Common Pleas 1888)
- Sistare v. Olcott (New York Supreme Court 1888)
- Lawrence v. . Miller (N.Y. 1881)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Hpon conflicting evidence the jury have found for the plaintiff, and the verdict cannot be .disturbed by this court. The verdict establishes the. making of the contract as alleged by the plaintiff, and that, within a reasonable time after the modification of the agreement, the plaintiff procured a lease of the premises required for the performance of the work contracted for and offered to assign the same to the defendant, in pursuance and performance • of the agreement, who refused to accept the same, and repudiated the contract, *613 upon the sole ground (which was negatived by the verdict) that the offer of performance by the plaintiff was not seasonable in point of time. This absolute refusal to accept an assignment of the lease excused a formal tender and offer by the plaintiff of an assignment actually executed by him, with the written assent of the landlord to such assignment. (Crary v. Smith, 2 Comst., 65; Cornwell v. Haight, 21 N. Y., 462.)
The motion for a nonsuit was properly denied. The questions of fact were fairly and properly7 submitted to the jury. The case turned solely upon questions of fact, and every question of law sought to be presented was obviated by the verdict of the jury7, fully sustained by the evidence. It was not a case for an appeal to this court.
The judgment must be affirmed.
All concur.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.