Roy Realty Co. v. B. Altman & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, B. Altman & Co., from an order of the Supreme Court, made at the New York Special Term, bearing date the 28th day of April, 1920, and entered in the office of the clerk of the county of New York, overruling the •defendant’s demurrer to the complaint and granting leave to the defendant to serve an answer.
1Opinion of the Court
Smith, J.:
This contract was made upon June 1, 1915. At the time that it was made all of the great powers were engaged in war. The situation was such that at any time our country, the United States,» might be involved in the same war. Trade conditions were in an extremely unsettled state. Importation was practically impossible. Transportation in this country was crippled, and the manufacture of many articles in this country was either stopped or seriously limited by these unsettled conditions. Of these facts the court will take judicial notice. They are matters of common knowledge. This…
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