Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Manhattan Rubber Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of December, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of December, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Plaintiff- is an importer of crude rubber. Defendant is a manufacturer. July 19, 1912, plaintiff and defendant entered into an agreement for the sale and purchase of “ about 15 tons prime thin disc Manicoba rubber at $1.00 per pound.” The rubber was to be delivered about five tons each month, in September, October and November. To meet this contract plaintiff bought the necessary amount of rubber “ to arrive.” The parties had dealt for several years under similar contracts. In August plaintiff delivered about five tons of rubber under this contract, and defendant paid $11,120, the…
2Cases cited2 opinions
- Canda v. . WickNew York Court of Appeals · 1885
- Poel v. Brunswick-Balke-Collender Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
- AG Properties of Kingston, LLC v. Besicorp-Empire Development Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Vogelstein v. Pope Metals Co.New York Supreme Court · 1915