American Metal Co. v. Neumann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The American Metal Company, Ltd., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of January, 1918, sustaining a demurrer to the complaint.
1Opinion of the Court
Laughlin, J.:
The action is brought for an alleged breach of a contract in writing made between the parties on the 21st day of April, *2301917, by which defendants promised to sell and plaintiff promised to buy 100 tons of Wolfram concentrates on terms and conditions therein specified. The contract purports to have been made at Buenos Aires, but does not show where it was to be performed. The defendants agreed to ship the goods “ before the 20th of May, 1917, provided that the sellers can secure freight ” and to make shipment if possible on American Transatlantic Company steamers. The contract…
2Cases cited7 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Clark v. . DillonNew York Court of Appeals · 1884
- Hammel v. WashburnAppellate Division of the Supreme Court of the State of New York · 1900
- Rice, Barton & Fales Machine & Iron Co. v. Hoffman-Youmans Paper MillsAppellate Division of the Supreme Court of the State of New York · 1913
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3Cited by2 opinions
- Columbia Overseas Corp. v. Banco Nacional UltramarinoAppellate Division of the Supreme Court of the State of New York · 1921
- Commercial Exchange Bank v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1921