Legal Opinion
Kokomo Strawboard Co. v. Inman
New York Court of Appeals
Decided May 31, 1892PublishedCited by 14 opinions
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 21, 1890, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. • The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtParker, J.
This action was brought to recover the value of a quantity of strawboard delivered to the defendants, pursuant to the terms of a contract which, by reason of an alleged failure of performance on their part, the plaintiff elected to treat as rescinded.
The contract was as follows:
“ Kokomo, Ind., JVov. 9, 1887.
“.Horace Inman, Esq., Amsterdam, H. T.:
“ Dear Sir — We propose to furnish you with 1,200 tons strawhoard at thirty-one dollars per f. o. b.' cars here, your ninety days’ acceptance from date of invoice.
“ These boards to be shipped during the year 1888. This contract shall be considered…
2Cases cited5 opinions
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Jones v. . JuddNew York Court of Appeals · 1850
- Mead v. DegolyerNew York Supreme Court · 1837
- Webb v. . OdellNew York Court of Appeals · 1872
3Cited by14 opinions
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- L.A. Gas & Elec. Co. v. Amalgamated Oil Co.California Supreme Court · 1909
- Grocery Company v. Bag Company.Supreme Court of North Carolina · 1906
- Raftery v. World Film Co.Appellate Division of the Supreme Court of the State of New York · 1917
- De Mills Co. v. CaseyNew York Supreme Court · 1923
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