Goodyear Tire & Rubber Co. v. Vulcanized Products Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1918, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The obligation of defendant to pay plaintiff the outstanding account of $2,284.52 for fabric delivered in 19M was a condition precedent to the obligation of plaintiff to make shipment of 5,000 pieces of fabric on January 20, 1915. (Browne v. Paterson, 165 N. Y. 460;…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought to recover the purchase price of certain goods by appellant’s assignor sold and delivered to respondent. The respondent by its answer formally denying, but upon this appeal expressly admitting, its liability for said purchase price, has set up a counterclaim for damages by reason of failure to deliver all of the goods called for by the contract. These related and antagonistic claims have produced in this case more than the usual complications and questions.
Appellant’s assignor produced and respondent desired to purchase a certain quantity of “ pulled…
2Cases cited7 opinions
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Harber Bros. v. Moffat Cycle Co.Illinois Supreme Court · 1894
- Avery v. . WillsonNew York Court of Appeals · 1880
- Catlin v. . TobiasNew York Court of Appeals · 1863
- Bradley v. KingIllinois Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- DeForest Radio Telephone & Telegraph Co. v. Triangle Radio Supply Co.New York Court of Appeals · 1926
- Goodman v. Brown Land & Lumber Co.Wisconsin Supreme Court · 1924
- Goodyear Tire & Rubber Co. v. HershensteinAppellate Division of the Supreme Court of the State of New York · 1927
- Harris v. EinhornAppellate Terms of the Supreme Court of New York · 1921