Schlottmann v. E.I. Du Pont de Nemours Powder Co.

• Decision Date: 05 March 1910
• Parties: SCHLOTTMANN v. E. I. DU PONT DE NEMOURS POWER CO.
• Court: U.S. District Court — Southern District of New York

178 F. 309

SCHLOTTMANN v. E. I. DU PONT DE NEMOURS POWER CO.

United States Circuit Court, S.D. New York.

March 5, 1910

At Law. Action by William H. Schlottmann against the E. I. Du Pont de Nemours Powder Company. On demurrer to complaint. Demurrer sustained.

Kellogg & Rose, for plaintiff.

Townsend, Avery & Buttner, for defendant.

LACOMBE, Circuit Judge.

This case seems to be clearly within the various decisions in the Hopedale and Storage Battery controversy.

Hopedale Electric Co. v. Electric Storage Battery Co., 39 A.D. 451, 57 N.Y.Supp. 422; Id., 96 A.D. 344, 89 N.Y.Supp. 325; Id., 184 N.Y. 356, 77 N.E. 394. To recover damages for the breach there should be averments that plaintiff was damaged by defendant's wrongful acts in depriving him of the opportunity to have a test made of the value of the property. In so deciding the court is not to be understood as expressing any opinion on the measure of damages, or as to what presumptions may or may not arise from a breach of this sort.

Demurrer sustained, with leave to amend complaint within 20 days.