Legal Opinion

General Commercial Co. v. Butterworth-Judson Corp.

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

Decided December 2, 1921PublishedCited by 6 opinions

Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Greenbaum, J.:

After stating that plaintiff and defendant are corporations organized under the laws of the State of New York, it is set forth in the submission that on the 22d of June, 1920, the parties entered into a contract in writing which is annexed, wherein the plaintiff agreed to sell and defendant to buy forty tons of napthalene flakes. The written agreement annexed contains the following provision: “ We confirm having sold you for shipment from United Kingdom Napthalene Flakes,” followed by an enumeration of the quantity of the goods, their description, the prices and other details.…

2Cases cited4 opinions

  1. Metropolitan Coal Co. v. BillingsMassachusetts Supreme Judicial Court · 1909
  2. Dreiser v. John Lane Co.Appellate Division of the Supreme Court of the State of New York · 1918
  3. New England Concrete Construction Co. v. Shepard & Morse Lumber Co.Massachusetts Supreme Judicial Court · 1915
  4. Milliken v. KepplerAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by6 opinions

  1. Takahashi v. Pepper Tank & Contracting Co.Wyoming Supreme Court · 1942
  2. Rose v. Jasima Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1926
  3. Trimble v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
  4. Haskins Trading Co. v. S. Pfeifer & Co.Louisiana Court of Appeal · 1930
  5. Dant & Russell, Inc. v. Grays Harbor Exportation Co.District Court, W.D. Washington · 1939

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