Gerde Newman & Co. v. Curcuru

This is a suit by a wholesale grocery and produce company against a retail grocer to recover the purchase price of eggs sold by plaintiff to defendant, for future delivery, on April 25, 1930. ■

The defenses are: First, that the contract was a gambling transaction, and therefore not enforceable at law; and, second, in the alternative, that the contract was dependent upon a condition subsequent, i. e., that the market would go above 35 cents per dozen for eggs in storage; and that, as the condition was never fulfilled, the contract was unenforceable.

There was judgment in favor of the plaintiff,…