Keller v. . Strasburger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 28,1881, which affirmed a judgment in favor of defendant, entered upon a verdict. (Reported below, 23 Hun, 625.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 28,1881, which affirmed a judgment in favor of defendant, entered upon a verdict. (Reported below, 23 Hun, 625.) The nature of the action and the material facts are stated in the opinion. Where a contract has mutual obligations, one party cannot insist on performance by the other parties of their part when he is unable and unwilling to carry out his part thereof, as the mutuality of the contract is destroyed. (Nelson et al. v. Plimpton Fine Proof Co., 55 N. Y.…
1Opinion of the CourtEarl, J.
This action was brought for goods sold and delivered, the complaint containing no allegation of fraud. The defendant in his answer alleged that the goods were bought upon a credit of four months, and that the credit had not expired at the commencement of the action. Upon the trial the defendant proved his allegation as to the credit, and then the plaintiffs gave evidence, which was controverted by the defendant, tending to show that at the time of the purchase, and to induce the credit, the defendant made false representations as to his solvency. The plaintiffs also proved that before the…
2Cited by7 opinions
- Cherry Valley Iron Works v. Florence Iron River Co.Court of Appeals for the Sixth Circuit · 1894
- In re the Charges Against DarrowIndiana Supreme Court · 1910
- Tatum v. AckermanCalifornia Supreme Court · 1905
- Hahn v. Aetna Finance Co.Supreme Court of Minnesota · 1958
- Panama Railroad v. JohnsonNew York Supreme Court · 1892
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