Chemung Iron & Steel Co. v. Horn
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in favor of defendants dismissing the complaint upon the merits.
1Opinion of the CourtLehman, J.
The contract herein was made on September 13, 1918. When the defendants wrote to the plaintiff that they cancelled the order, more than four months had passed, and concededly even at that time the plaintiff was not ready to deliver the goods. While the plaintiff produced testimony to show that the average time in which it was possible to secure delivery of goods of this kind during the war was from four to nine months because, as one witness stated, deliveries were made “ at the mill’s convenience,” there can be no doubt but that in view of the defendant’s testimony that the plaintiff stated…
2Cases cited4 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Brede v. . Rosedale Terrace Co.New York Court of Appeals · 1915
3Cited by2 opinions
- John F. Trainor Co. v. G. Amsinck & Co.Appellate Division of the Supreme Court of the State of New York · 1922
- John F. Trainor Co. v. G. Amsinck & Co.Appellate Division of the Supreme Court of the State of New York · 1922