J. Weinstein & Sons, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtDore, J.
The issue on this appeal is whether a clause in a contract under which plaintiff was to furnish defendant with dress woolens, provides for liquidated damages or a penalty.
Plaintiff, in response to an invitation to bid issued by defendant’s department of purchase, put in a bid to supply a large quantity of dress woolens for a W. P. A. sewing project for the sum of $22,057.59. The bid was accepted and an order received by plaintiff on August 9, 1938. Under the terms of the contract delivery was to commence ten days after date of the order. From August 16, 1938, to September 26, 1938, plaintiff…
2Cases cited6 opinions
- Kothe v. R. C. Taylor TrustSupreme Court of the United States · 1930
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Wirth & Hamid Fair Booking, Inc. v. WirthNew York Court of Appeals · 1934
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Curtis v. . Van BerghNew York Court of Appeals · 1899
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3Cited by14 opinions
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
- Jarro Building Industries Corp. v. SchwartzAppellate Terms of the Supreme Court of New York · 1967
- United States v. WalkofCourt of Appeals for the Second Circuit · 1944
- Ogden Development Corporation and the Dwight Building Company v. Federal Insurance CompanyCourt of Appeals for the Second Circuit · 1974
- Rubin v. Napoli Bern Ripka Shkolnik, LLPAppellate Division of the Supreme Court of the State of New York · 2020
9 more not listed; retrieve them via the Exa API.