New York Central Iron Works Co. v. United States Radiator Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the .Supreme Court in the fourth judicial department, entered January 30, 1902, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the .Supreme Court in the fourth judicial department, entered January 30, 1902, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The true construction of the contract in question clearly limits defendant’s obligations to the bona fide demands of plaintiff’s customers as the plaintiff’s business had been theretofore transacted, and this is shown by the insertion in the contract of the words “ with their entire radiator needs…
1Opinion of the CourtO’Bbien, J.
This action was to recover damages for the breach of a written executory contract between the parties for the sale and delivery of goods. The contract was an open one as to the quantity of goods which the defendant was to deliver. The defendant became bound to furnish the plaintiff “ with their entire radiator needs for the year 1899 ” on the terms and at the prices specified, as to which there is no dispute. The defense is that the"defendant filled all orders from the plaintiff until forty-eight thousand feet of radiation had been delivered, which was as much as the plaintiff had ever…
2Cases cited1 opinion
- W. P. Fuller & Co. v. SchrenkAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by24 opinions
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Hml Corporation v. General Foods CorporationCourt of Appeals for the Third Circuit · 1966
- Orange & Rockland Utilities, Inc. v. Amerada Hess Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Vinson v. Greenburgh Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1968
- In Re United Cigar Stores Co. of AmericaCourt of Appeals for the Second Circuit · 1934
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