Nitro Powder Co. v. Agency of Canadian Car & Foundry Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1920, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The express contract of the parties gives defendant no excuse. It affords a defense against causes “ beyond the control of the seller ” and no others. A taking which respondent induces is not a cause beyond its control.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1920, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The express contract of the parties gives defendant no excuse. It affords a defense against causes “ beyond the control of the seller ” and no others. A taking which respondent induces is not a cause beyond its control. The parties’ express force majeure stipulation excludes the implication of the ordinary implied force majeure condition. (Schwier v. N. Y. C. R. R. Co., 90 N. Y.…
1Opinion of the CourtPound, J.
This is an action to recover damages for breach of contract to sell trinitrotoluol, commonly known as TNT, which is a high explosive war material. Plaintiff and defendant on October 24, 1917, entered into a written agreement of sale and purchase of a large quantity of salvaged TNT at thirty-one and twenty-five cents a pound. After defendant had delivered one carload, the government of the United States took over the remaining portion by government order, dated October 30, 1917, paying therefor forty-five cents a pound. Plaintiff contends that defendant induced this taking by the government…
2Cases cited1 opinion
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Court of Appeals · 1921
3Cited by17 opinions
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
- Greek Catholic Congregation v. PlummerSupreme Court of Pennsylvania · 1940
- Canadian Industrial Alcohol Co. v. Dunbar Molasses Co.New York Court of Appeals · 1932
- Seedman v. FriedmanCourt of Appeals for the Second Circuit · 1942
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