Legal Opinion
Canadian Industrial Alcohol Co. v. Dunbar Molasses Co.
New York Court of Appeals
Decided January 5, 1932PublishedCited by 24 opinions
1Opinion of the Court
Cardozo, Ch. J.
A buyer sues a seller for breach of an executory contract of purchase and sale.
The subject-matter of the contract was “ approximately 1,500,000 wine gallons Refined Blackstrap [molasses] of the usual run from the National Sugar Refinery, Yonkers, N. Y., to test around 60% sugars.”
The order was given and accepted December 27, 1927, but shipments of the molasses were to begin after April 1, 1928, and were to be spread out during the warm weather.
After April 1, 1928, the defendant made delivery from time to time of 344,083 gallons. Upon its failure to deliver more, the plaintiff…
2Cases cited14 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Stewart v. . StoneNew York Court of Appeals · 1891
- Lorillard v. . ClydeNew York Court of Appeals · 1894
- Day v. United StatesSupreme Court of the United States · 1917
- Northern Pacific Railway Co. v. American Trading Co.Supreme Court of the United States · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mishara Construction Co. v. Transit-Mixed Concrete Corp.Massachusetts Supreme Judicial Court · 1974
- Neal-Cooper Grain Co. v. Texas Gulf Sulphur Co.Court of Appeals for the Seventh Circuit · 1974
- Continental Oil Co. v. United States. United States v. Continental Oil Co.Court of Appeals for the Ninth Circuit · 1950
- In re the Estate of WitkindNew York Surrogate's Court · 1938
- Barbarossa & Sons, Inc. v. Iten Chevrolet, Inc.Supreme Court of Minnesota · 1978
19 more not listed; retrieve them via the Exa API.