Pierson & Co. v. Iwai & Co.
District Court, S.D. New York
At Law. Action by Pierson & Co., Inc., against Iwai & Co., Limited. On motion by defendant to set aside verdict on its counterclaim.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
This is a motion to set aside a verdict directed for the plaintiff on the trial of defendant's counterclaim for alleged breaches of contracts for the sale by the plaintiff to the defendant of steel channels and angles. I have heretofore held that the plaintiff broke the contracts. 285 Fed. 769.
[1] The merchandise was to be delivered at South Bethlehem, Pa., and no market value at the time and place of delivery has been proved. While the defendant intended to sell the channels and angles in Japan, it was at liberty to dispose of them in this country, and the…
2Cases cited5 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Earn Line S. S. Co. v. Manati Sugar Co.Court of Appeals for the Second Circuit · 1920
- Cooper v. Mundial Trading Co.Appellate Terms of the Supreme Court of New York · 1918
- Pierson & Co. v. Iwai & Co.District Court, S.D. New York · 1920