Fulton Bag & Cotton Mills, Inc. v. Frankel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fulton Bag & Cotton Mills, Inc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of July, 1920, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
Laughlin, J.:
This is an action by a seller against a buyer to recover as for a breach of the contract the purchase price of goods alleged to have been sold and delivery tendered. Plaintiff was nonsuited at the close of its evidence. The point presented by the appeal is whether it was incumbent on the plaintiff to tender delivery of the goods to the defendants at their place of business in the city of New York without payment in advance, or whether it was defendants’ duty to call for the goods at the seller’s place of business and tender payment in advance and demand delivery there. The…
2Cases cited1 opinion
- British Aluminium Co. v. TreftsAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Bisbee Linseed Co. v. Paragon Paint & Varnish Corp.Court of Appeals for the Second Circuit · 1933
- Dery v. BlateAppellate Division of the Supreme Court of the State of New York · 1924