Miller v. . Benjamin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made April 16, 1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action upon a contract by which plaintiffs agreed to sell and defendants to purchase a certain quantity of slit steel.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made April 16, 1892, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action upon a contract by which plaintiffs agreed to sell and defendants to purchase a certain quantity of slit steel. The complaint claimed damages for a failure by defendants to accept and pay for a portion of the steel, and also asked to recover for the balance remaining unpaid upon that portion of the steel…
1Opinion of the CourtO’Brien, J.
The plaintiffs have recovered upon an executory contract made by them with the defendants on the 15th of March, 1889, whereby the defendants agreed to purchase and the plaintiffs to sell to them one hundred thousand pounds of slit steel of a certain grade and quality to be delivered thereafter at the rate of about twelve thousand five hundred pounds per month from May 1, 1889, to January 1, 1890, specifications for each month’s deliveries to be given by the defendants to the plaintiffs in each case during the first week of the month preceding. The defendants were to use the steel in the…
2Cases cited1 opinion
- Glacius v. . BlackNew York Court of Appeals · 1872
3Cited by17 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Porter v. . Traders' Ins. Co.New York Court of Appeals · 1900
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
- St. Regis Paper Co. v. Santa Clara Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Desmond-Dunne Co. v. . Friedman-Doscher Co.New York Court of Appeals · 1900
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