Hulbert v. Felber Engineering Works
New York Supreme Court
Appeal by plaintiff from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, ninth district, rendered in favor of the defendant after a trial before the court without a jury.
1Opinion of the CourtHotchkiss, J.
The plaintiff made a contract with the International Giant Coaster Company to furnish it with a quantity of three-eighths-inch hy three-inch iron, shipment to be made “ about two weeks ” after March 17, 1911, the date of the contract. Additional orders for similar goods were added to the contract on April fourth and eighth, shipments to be made with the goods ordered March seventeenth. Payment for all was to be made thirty days after date of shipment. The defendant agreed with plaintiff to assume the contract and supply the iron at a price which would yield plaintiff $287.60, the amount sued…
2Cases cited2 opinions
- Franklin v. RobinsonNew York Court of Chancery · 1814
- Cartledge v. WestNew York Supreme Court · 1845
3Cited by2 opinions
- Bardnarcyzk v. Weil.Appellate Division of the Supreme Court of the State of New York · 1912
- Cereal Products, Inc. v. Greater New York Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1948