Legal Opinion
Gutkind v. George Lueders & Co.
New York Court of Appeals
Decided May 21, 1935PublishedCited by 6 opinions
1Opinion of the Court
Crane, Ch. J.
The plaintiff is a distiller, manufacturer and blender of essential oils in Malaga, Spain. The defendant is a manufacturer of and dealer in such essential oils in New York. In 1920 the plaintiff sold to the defendant red thyme oil, guaranteed pure forty per cent phenol content. This action is brought to recover the price of part of this sale and damages for failure to accept full delivery. The defendant counterclaims, alleging damages for breach of warranty in that the phenol content was on the average of only thirty-five per cent.
A trial was had before the court without a jury,…
2Cases cited7 opinions
- National Surety Co. v. RuffinNew York Court of Appeals · 1926
- Benton v. Safe Deposit BankNew York Court of Appeals · 1931
- Hutchinson v. . WardNew York Court of Appeals · 1908
- Portfolio v. . RubinNew York Court of Appeals · 1922
- Reilly v. . SteinhartNew York Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1940
- Freier v. ShayaniCity of New York Municipal Court · 1958
- Clark v. Iceland Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1958
- Williams v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1936
- Gutkind v. George Lueders and CompanyNew York Court of Appeals · 1935
1 more not listed; retrieve them via the Exa API.