Legal Opinion

E. Heller Brother v. . Continental Mills

New York Court of Appeals

Decided May 12, 1922PublishedCited by 8 opinions

Appeal from a judgment, entered April 8, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing judgment in favor of defendant. The action was for the breach of a contract for the sale and delivery of merchandise in weekly installments for which payment was to be made for each installment “ within ten days after delivery.”

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Appeal from a judgment, entered April 8, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing judgment in favor of defendant. The action was for the breach of a contract for the sale and delivery of merchandise in weekly installments for which payment was to be made for each installment “ within ten days after delivery.” The complaint alleged as the breach of the contract “ that after the delivery aforesaid, to wit, on May 22, 1919, defendant…

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.

2Cited by8 opinions

  1. Henderson Tire & Rubber Co. v. P. K. Wilson & Son, Inc.New York Court of Appeals · 1923
  2. Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927
  3. Thuman v. Clawson & Wilson Co.Appellate Division of the Supreme Court of the State of New York · 1925
  4. Society Brand Hat Co. v. Felco Fabrics Corp.District Court, S.D. New York · 1950
  5. Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927

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