Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue Factory
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1919, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. • The alleged contract sued upon is unenforceable for lack of mutuality, and, therefore, a cause of action founded on it must' fail.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1919, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. • The alleged contract sued upon is unenforceable for lack of mutuality, and, therefore, a cause of action founded on it must' fail. (Wood v. Duff-Gordon, 222 N. Y. 88; Dodge v. Zimmer, 110 N. Y. 43; Woolsey v. Funke, 121 N. Y. 87; Nichols v. Sands, 131 N. Y. 19; Comcl. Wood & Cement Co. v. N. P. C. Co., 115 App. Div. 388; Jackson v. P. C. Co., 122 App.…
1Opinion of the CourtMcLaughlin, J.
Action to recover damages for alleged breach of contract. The complaint alleged that on or about December 9, 1915, the parties entered into a written agreement by which the defendant agreed to sell and deliver to the plaintiff, and the plaintiff agreed to purchase from the defendant, all its “ requirements ” of special BB glue for the year 1916, at the price of nine cents per pound. It also alleged the terms of payment, the manner in which the glue was to be packed, the place of delivery, the neglect and refusal of defendant to make certain deliveries, and the damages sustained, for which…
2Cases cited15 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Grossman v. . SchenkerNew York Court of Appeals · 1912
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3Cited by74 opinions
- Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
- Topken, Loring & Schwartz, Inc. v. SchwartzNew York Court of Appeals · 1928
- Dorman v. CohenAppellate Division of the Supreme Court of the State of New York · 1979
- Flemington National Bank & Trust Co. v. Domler Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- Lien v. Northwestern Engineering Co.South Dakota Supreme Court · 1949
69 more not listed; retrieve them via the Exa API.