Jauch v. Powertown Tire Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Hubbs, P. J.:
The complaint, as amended, alleges that on June 1, 1920, a contract of sale was entered into between the plaintiff’s assignor and the defendant for 40,000 pounds of cotton fabric, at two dollars and forty-five cents per pound, F. O. B. mills, to be paid for upon presentation of sight draft with bill of lading attached, delivery to be made at the rate of about 10,000 pounds monthly in July, August, September and October; that the plaintiff’s assignor duly complied with the terms of the contract and in July shipped 6,680 pounds and was at all times able and willing to deliver the…
2Cases cited6 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Wolfert v. . Caledonia Springs Ice Co.New York Court of Appeals · 1909
- Herrman v. United States Trust Co.New York Court of Appeals · 1917
- Miller & Sons Co. v. E. M. Sergeant Co.Appellate Division of the Supreme Court of the State of New York · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Albert J. Schiff Associates, Inc. v. FlackAppellate Division of the Supreme Court of the State of New York · 1980
- Johnson v. National Life InsuranceNew York Supreme Court · 1934