Hilton & Dodge Lumber Co. v. Robert R. Sizer & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert R. Sizer & Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 3d day'of January, 1910, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Dowling, J.:
The complaint in this action sets forth that the plaintiff, a foreign corporation duly authorized to do business in the State of Hew York, entered into an agreement with the defendant, a domestic corporation, for the sale of 425,000 feet of short leaf pine lumber, f. o. b. vessel St. Simons, basis of freight (that is the freight *662allowance to be made as- from port of St. Simons), at the price of $16.'50 per 1,000 feet, f. o. b. vessel St. Simons,, shipment to be made in February or March, 1906. Thereafter plaintiff is claimed to have delivered 41,000 feet thereof, which were…
2Cases cited1 opinion
- Clemens v. American Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by8 opinions
- Hedges v. Pioneer Iron WorksAppellate Division of the Supreme Court of the State of New York · 1915
- Berger v. Urban Motion Picture Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Rosenthal v. RubinAppellate Division of the Supreme Court of the State of New York · 1911
- City of New York v. Fifth Avenue Coach Co.New York Supreme Court · 1916
- Glover v. H. P. Nelson Co.Appellate Division of the Supreme Court of the State of New York · 1913
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