Legal Opinion

Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue Factory

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 1919PublishedCited by 4 opinions

Appeal by the defendant, Peter Cooper’s Glue Factory, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of September, 1918, upon the decision of the court after a trial before the court without a jury.

1Opinion of the Court

Dowling, J.:

This action was brought to recover damages claimed to have been sustained by plaintiff pursuant to defendant’s breach of a contract in writing between the parties as follows:

“ Peter Cooper’s Glue Factory. ‘ Gowanda, New York, December 9th, 1915.
“ Messrs. Oscar Schlegel Meg. Co.,
“Ill East 12th Street,
“ New York City, N. Y.:
“ Gentlemen.— We are instructed by our Mr. von Schuckmann to enter your contract for your requirements of ‘ Special BB ’ glue for the year 1916, price to be 9c. per lb., terms 2% 20th to 30th of month following purchase. Deliveries to be made to you as per your…

2Cases cited3 opinions

  1. New York Central Iron Works Co. v. United States Radiator Co.New York Court of Appeals · 1903
  2. W. P. Fuller & Co. v. SchrenkAppellate Division of the Supreme Court of the State of New York · 1901
  3. W. P. Fuller & Co. v. SchrenkNew York Court of Appeals · 1902

3Cited by4 opinions

  1. Jenkins v. the City Ice and Fuel Co.Supreme Court of Florida · 1935
  2. Phillips-Jones Co. v. Reiling & Schoen, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
  3. Ferenczi v. National Sulphur Co.Hudson County Circuit Court, N.J. · 1933
  4. Jones v. Greyhound Bus LinesNew York Supreme Court · 1973

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