Globe Elevator Co. v. American Molasses Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from a final judgment of the Supreme Court, entered in the Erie county clerk’s office on the 24th day of January, 1922, and also from an order entered on the 19th day of January, 1922.
1Per curiam
We are of opinion that the complaint as supplemented by the bill of particulars and opening statement of counsel makes out a cause of action. We decline to pass upon the effect of the various letters and telegrams set forth in the bill of particulars without knowing their contents, or upon the oral conversations not set forth. But assuming that the defendant had a reasonable time to deliver the molasses after the seventeenth of August, we think it cannot be held as a matter of law that such reasonable time had not expired before the commencement of the action. Nor was it necessary, in making…
2Cases cited1 opinion
- Neverfail Lighter Co. v. BlumAppellate Division of the Supreme Court of the State of New York · 1922