Mawhinney v. Millbrook Woolen Mills, Inc.
New York Supreme Court
This action is brought to recover damages claimed to have been suffered by reason of defendant’s failure to fully perform its contract to deliver one hundred pieces of woolen cloth, containing about 5,000 yards at one dollar and seventy-five cents per yard.
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This action is brought to recover damages claimed to have been suffered by reason of defendant’s failure to fully perform its contract to deliver one hundred pieces of woolen cloth, containing about 5,000 yards at one dollar and seventy-five cents per yard. Deliveries, under the contract, were specified to be made in May, June and July, 1917, and ten pieces were delivered, but, by reason of letters written by plaintiff to the defendant, the time for the delivery of the remaining ninety pieces was extended until the latter part of October or the early part of November. The defense,- generally…
1Opinion of the CourtKelby, J.
Plaintiff urges that certain allegations of the answer import the admission that the contracts with the government were voluntary on the part of the defendant. The admission might be conclusive (Horan v. Hastorf, 223 N. Y. 490; Fullerton v. Northern Bank, 184 App. Div. 37), but it is doubtful whether, as a matter of pleading, there is the admission. In testifying the defendant repudiates the idea that the contracts were voluntary,, but the evidence tends to establish the fact. It is certain that defendant voluntarily, introduced, and recommended, to the government the use of its product, and…
2Cases cited14 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Runkle v. United StatesSupreme Court of the United States · 1887
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- Little v. BarremeSupreme Court of the United States · 1804
- United States v. RussellSupreme Court of the United States · 1871
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3Cited by10 opinions
- United States Trading Corp. v. Newmark Grain Co.California Court of Appeal · 1922
- Colonial Operating Corp. v. Hannan Sales & Service, Inc.City of New York Municipal Court · 1942
- Crown Embroidery Works v. GordonAppellate Division of the Supreme Court of the State of New York · 1920
- Alpirn v. HuffmanDistrict Court, D. Nebraska · 1943
- Town of North Hempstead v. Public Service Corp.New York Supreme Court · 1919
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