Legal Opinion

Percy Kent Co. v. Silberstein

Appellate Division of the Supreme Court of the State of New York

Decided February 17, 1922PublishedCited by 3 opinions

Appeal by the plaintiff, Percy Kent Company, from' a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of January, 1921, upon the dismissal of the complaint upon the merits at the close of the plaintiff’s case, and also from an order entered in said clerk’s office on the 14th day of February, 1921, denying plaintiff’s motion to resettle said judgment.

1Opinion of the Court

Greenbaum, J.:

Plaintiff sued upon two causes of action for the alleged breach of two contracts of similar import made on April 10 and 11, 1918, respectively, whereby plaintiff agreed to sell and deliver and defendant to accept under each contract 200,000 yards of sheeting, William Iselin & Co. make, at twenty-two cents per yard; terms 3-10; shipment, delivery at mill 50,000 yards each September, October, November and December, 1918; freight allowance up to •New York; “ shipping instructions later.”

The alleged breach of these contracts is set forth in the complaint of the plaintiff as follows:…

2Cases cited4 opinions

  1. Graves v. . WhiteNew York Court of Appeals · 1882
  2. Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
  3. Beatty v. Howe Lumber Co.Supreme Court of Minnesota · 1899
  4. Miller & Sons Co. v. E. M. Sergeant Co.Appellate Division of the Supreme Court of the State of New York · 1920

3Cited by3 opinions

  1. Zimmermann v. Roessler & Hasslacher Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1935
  2. Percy Kent Co. v. SilbersteinNew York Court of Appeals · 1926
  3. Frackville Manufacturing Co. v. BarishAppellate Division of the Supreme Court of the State of New York · 1922

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