DeGrasse Paper Co. v. Northern New York Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, DeGrasse Paper Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 26th day of October, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 31st day of October, 1918, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hubbs, J.:
The defendant is a corporation engaged in the sale of coal as a jobber, with its place of business at Watertown, N. Y. The plaintiff is a paper manufacturing company.
On May 19,1916, the parties entered into a written contract, which was prepared by the defendant, for the sale of coal, to be delivered f. o. b. mines, during a period of ten months from June 1, 1916, to April 1, 1917, the coal to be Yatesboro coal and the amount from 30,000 to 40,000 tons. The defendant failed to deliver a large portion of the coal contracted for and this action was brought to recover the damage caused…
2Cases cited5 opinions
- Dambmann v. RittlerCourt of Appeals of Maryland · 1889
- A. B. Farquhar Co. v. New River Mineral Co.Appellate Division of the Supreme Court of the State of New York · 1903
- American Hardwood Lumber Co. v. DentMissouri Court of Appeals · 1910
- Arthur Delapierre Co. v. Chickasaw Lumber Co.Mississippi Supreme Court · 1916
- Wheeler v. BrittonNew York Supreme Court · 1892
3Cited by6 opinions
- Crystal Paper Co. v. Robertson Co.Court of Appeals for the Sixth Circuit · 1923
- Douglas Fir Exploitation & Export Co. v. ComynCourt of Appeals for the Ninth Circuit · 1922
- Downey v. ShipstonAppellate Division of the Supreme Court of the State of New York · 1923
- Kuhlman Plastics Co. v. Kansas City Power & Light Co.Supreme Court of Missouri · 1966
- Boehme & Rauch Co. v. LorimerMichigan Supreme Court · 1922
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