American Union Line, Inc. v. Oriental Navigation Corp.
New York Court of Appeals
1Opinion of the Court
Hiscock, Ch. J.
There was made between plaintiff and defendant in February, 1918, a contract for the purchase and sale of a steamship at the price of $185,000 and of which $50,000 was paid at or before the execution of the agreement. In addition to many other provisions which are not involved in the present controversy, the contract contained a clause whose interpretation is decisive of this appeal. Said clause reads as follows: “7. Neither party to this contract shall become liable to the other in any manner whatsoever for failure to perform this contract owing to perils of the seas or of…
2Cases cited4 opinions
- Columbus Railway, Power & Light Co. v. City of ColumbusSupreme Court of the United States · 1919
- Mineral Park Land Co. v. HowardCalifornia Supreme Court · 1916
- Del., L. W.R.R. Co. v. . BownsNew York Court of Appeals · 1874
- Sultzbach v. . SultzbachNew York Court of Appeals · 1924
3Cited by5 opinions
- Canadian Industrial Alcohol Co. v. Dunbar Molasses Co.New York Court of Appeals · 1932
- Menihan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1935
- Marine Midland Trust Co. v. Village of WaverlyNew York Supreme Court · 1963
- Valentine v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1926
- American Union Line, Inc. v. Oriental Navigation Corp.New York Court of Appeals · 1925