Legal Opinion
Jungmann Co., Inc. v. Atterbury Bros., Inc.
New York Court of Appeals
Decided July 19, 1928PublishedCited by 11 opinions
1Opinion of the CourtLehman, J.
In February, 1923, the plaintiff entered into a written contract with the defendant for the sale of thirty tons of casein. The contract contained a clause: “ Shipment: May-June from Europe. Advice of shipment to be made by cable immediately goods are dispatched.” Fifteen tons of casein were shipped on June 9th, 1923. No notice of shipment was given to the defendant. Tender of this shipment by the plaintiff was refused by the defendant on June 20th. On June 21st the defendant wrote to the plaintiff that the plaintiff “ failed to make any May delivery under the contract and also failed to…
2Cases cited3 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Van Iderstine Co., Inc. v. Barnet L. Co., Inc.New York Court of Appeals · 1926
- Raymond Concrete Pile Company v. . John Thatcher SonNew York Court of Appeals · 1917
3Cited by11 opinions
- Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
- DBT GmbH v. J.L. Mining Co.District Court, S.D. New York · 2008
- Internatio-Rotterdam, Inc. v. River Brand Rice Mills, Inc.Court of Appeals for the Second Circuit · 1958
- Chrysler First Financial Services Corp. of America v. Chicago Title InsuranceNew York Supreme Court · 1993
- Gucci America, Inc. v. Sample Sale Wholesalers, Ltd.Appellate Division of the Supreme Court of the State of New York · 2007
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