Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There was no repudiation of the contract by the defendant. (Nat. Cont.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There was no repudiation of the contract by the defendant. (Nat. Cont. Co. v. H. R. W. P. Co., 192 N. Y. 209; Graves v. White, 87 Y. Y. 463; Dingley v. Oler, 170 U. S. 490.) The alleged repudiation was never adopted by the plaintiff, was never acted upon, and affords no excuse for plaintiff’s failure of…
1Opinion of the CourtCardozo, J.
The defendant, á manufacturer of rubber, agreed to buy from the plaintiff, an importer, fifteen tons of prime thin disc Manicoba rubber at $1 per pound; delivery was to be made at the rate of about five tons a month in September, October and November, 1912, and delivery orders were to be sent to the buyer when the rubber was ready. Goods were to be billed on a credit of ten days. The first delivery under this contract was made in August, and was paid for in September. At the time of payment inspection had not yet been made. Defects were later discovered, and 7,900 pounds were • returned with…
2Cases cited5 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- Ga Nun v. . PalmerNew York Court of Appeals · 1911
- Becker v. SeggieAppellate Division of the Supreme Court of the State of New York · 1910
- Lehmaier v. Standard Specialty & Tube Co.Appellate Division of the Supreme Court of the State of New York · 1908
- E. W. Bliss Co. v. United States Incandescent Gas Light Co.New York Court of Appeals · 1896
3Cited by35 opinions
- Strasbourger v. . LeerburgerNew York Court of Appeals · 1922
- Henderson Tire & Rubber Co. v. P. K. Wilson & Son, Inc.New York Court of Appeals · 1923
- Sun P. P. Assn. v. . Remington P. P. Co.New York Court of Appeals · 1923
- Computer Possibilities Unlimited, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Sun Printing & Publishing Ass'n v. Remington Paper & Power Co.New York Court of Appeals · 1923
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