William C. Atwater & Co. v. Panama Railroad
New York Court of Appeals
1Opinion of the CourtPound, J.
The action is brought to recover damages for breach of a contract for the purchase of coal. The contract was made on July 28, 1920. Plaintiff agreed to sell and defendant to buy 36,000 tons of coal at an agreed price. The contract ran from August 1, 1920, to July 31, 1921. The coal was to be delivered in approximately equal monthly installments at the rate of 3,000 tons a month. Plaintiff’s contention is that defendant refused to accept some 12,500 tons which it was obligated to receive under its contract by July 31, 1921, and that it has been damaged thereby the difference between the…
2Cases cited3 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Russell v. . AllertonNew York Court of Appeals · 1888
- Robertson v. Ongley Electric Co.New York Court of Appeals · 1895
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