Legal Opinion
F. W. Berk & Co. v. Derecktor
New York Court of Appeals
Decided May 26, 1950PublishedCited by 8 opinions
1Opinion of the Court
Loughran, Ch. J.
The action is one for breach of contract.
On January 11, 1949, the plaintiff sent to the defendant a letter in these words:
“ We hereby order from you 1045 Flasks of Prime Virgin Mercury, 99.5% Pure, 76 pounds net weight each, standard iron flask, at a price of $60.75 per flask, in bond, C. I. F. New York.
“ We will establish immediately, in your favor, an irrevocable letter of credit, providing for payment against on board Bill of Lading, presented in New York.
“ We will take care of any and all commission payments that may be due in this transaction to Wm. M. Stieh & Co., Inc.…
2Cases cited3 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Schenectady Stove Co. v. . HolbrookNew York Court of Appeals · 1885
- Wittwer v. . HurwitzNew York Court of Appeals · 1915
3Cited by8 opinions
- Texaco, Inc. v. Pennzoil, Co., Texas Court of Appeals, 1st District (Houston)1987
- El Hoss Engineering & Transport Co., Ltd. v. American Independent Oil CompanyCourt of Appeals for the Second Circuit · 1961
- Wagner v. Rainier Manufacturing Co.Oregon Supreme Court · 1962
- Roer v. Cross County Medical Center Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Parrillo v. SiravoSupreme Court of Rhode Island · 1967
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