New Jersey Co. v. Nathaniel Wise Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Mew York, seventh district, boro-ugh of Manhattan.
1Opinion of the CourtSeabury, J.
I think this judgment should be affirmed. The letter of May eighteenth confirmed the sale calling for delivery on June twentieth. The attempt of the defendant, in its letter of June seventh, to repudiate the contract did not relieve it of its obligation. When the plaintiff refused to permit the defendant to repudiate its contract, the defendant wrote consenting to do that which it was obliged to do, but insisting that delivery should be made, “ not later than June 20th.” The original contract was expressed in the letter of May eighteenth,- and the subsequent communications did not alter the…
2Cases cited1 opinion
- Buffalo & Lancaster Land Co. v. Bellevue Land & Improvement Co.New York Court of Appeals · 1901
3Cited by3 opinions
- LeRoy Dyal Co. v. AllenCourt of Appeals for the Fourth Circuit · 1947
- Matter of Fabric TreeDistrict Court, S.D. New York · 1977
- Farris v. FergusonTennessee Supreme Court · 1922