Legal Opinion
T. W. Oil, Inc. v. Consolidated Edison Co. of New York, Inc.
New York Court of Appeals
Decided December 15, 1982PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
In the first case to wend its way through our appellate courts on this question, we are asked, in the main, to decide whether a seller who, acting in good faith and without knowledge of any defect, tenders nonconforming goods to a buyer who properly rejects them, may avail itself of the cure provision of subdivision (2) of section 2-508 of the Uniform Commercial Code. We hold that, if seasonable notice be given, such a seller may offér to cure the defect within a reasonable period beyond the time when the contract was to be performed so long as it has acted in…
2Cases cited11 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- McKenna v. MeehanNew York Court of Appeals · 1928
- Appleton State Bank v. LeeWisconsin Supreme Court · 1967
- Hunt v. Bankers & Shippers InsuranceNew York Court of Appeals · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Flynt Distributing Company, Inc. v. Leon Harvey, Alfred HarveyCourt of Appeals for the Ninth Circuit · 1984
- Mitchell v. New York HospitalNew York Court of Appeals · 1984
- Freidus v. EisenbergNew York Court of Appeals · 1988
- Deitsch Textiles, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
- Kass v. KassAppellate Division of the Supreme Court of the State of New York · 1997
23 more not listed; retrieve them via the Exa API.