A. Klipstein & Co. v. Dilsizian
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by Garbiss Dilsizian and others, partners as Dilsizian Bros., against A. Klipstein & Co. Judgment for plaintiffs, and defendants bring error.
1Opinion of the Court
MANTON, Circuit Judge.
The plaintiffs below brought this action against the defendant below to recover damages for breach of contract, because the defendant below refused to accept a tender made on May 20, 1919, of 50 tons of gum arabic. This purchase was made pursuant to the terms of a contract between the parties dated'April 23, 1918. The contract provided for the sale of 50 long tons of gum arabic, 1918 crop, freight average at 25 cents per pound net, c. i. f. New York. Payment was to be made by letter of credit at a bank in New York on which the seller was at liberty to draw a sight draft…
2Cases cited4 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Brede v. . Rosedale Terrace Co.New York Court of Appeals · 1915
3Cited by10 opinions
- Harper v. HochstimCourt of Appeals for the Second Circuit · 1921
- Pan-American Bank & Trust Co. v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1925
- Badhwar v. Colorado Fuel and Iron CorporationDistrict Court, S.D. New York · 1955
- Freehill v. GreenfeldCourt of Appeals for the Second Circuit · 1953
- Warner Bros. & Co. v. IsraelCourt of Appeals for the Second Circuit · 1939
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