British Aluminium Co. v. Trefts
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George M. Trefts, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of December, 1913, upon the decision of the court after a trial before the court, a jury having been waived.
1Opinion of the Court
Laughlin, J.:
The plaintiff is a foreign corporation, and brings this action as vendor of aluminum to recover of the vendee the difference between the contract price and the market price at the time and place of delivery. The action is based upon a contract in writing made between the plaintiff by its agents and the defendants on the 22d day of September, 1910, by which the plaintiff through its agents agreed to sell twenty-five tons, long ton weight, British ingqt aluminum, guaranteed ninety-eight to ninety-nine per cent pure, at twenty-two and three-eighths cents per pound. The only…
2Cases cited12 opinions
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Thomas Gordon Malting Co. v. Bartels Brewing Co.New York Court of Appeals · 1912
- Lester v. . JewettNew York Court of Appeals · 1854
- Sousely v. Burns's adm'rCourt of Appeals of Kentucky · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rogers-Pyatt Shellac Co. v. Starr Piano Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Bisbee Linseed Co. v. Paragon Paint & Varnish Corp.Court of Appeals for the Second Circuit · 1933
- Howell v. Garrett & Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Ketchum v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1915
- Fulton Bag & Cotton Mills, Inc. v. FrankelAppellate Division of the Supreme Court of the State of New York · 1921
6 more not listed; retrieve them via the Exa API.