Engelhorn v. . Reitlinger
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of 3STew York, entered upon an order made April 2, 1888, which overruled defendants’ exception and ordered judgment upon a verdict directed by the court.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of 3STew York, entered upon an order made April 2, 1888, which overruled defendants’ exception and ordered judgment upon a verdict directed by the court. This action was for breach of contract in refusing to accept 15,000 ounces of quinine, which defendants had agreed to purchase from the plaintiff’s assignors, by a contract dated February 7, 1887. The quinine was to be shipped from Europe, and delivered to defendants in March following. The defense was, that the agreement was entered into upon condition, that if the…
1Opinion of the CourtBrown, J.
The contract sued upon «was made through brokers and the sale note was as íoIIoavs :
“ Dated 27ew Yobk, February 7, 1887.
“ Sold for account Messrs. C. F. Boehringer & Soehne to Messrs. A. H. Reitlinger & Company, fifteen thousand ounces B. & S. sulphate of quinine, in 100 ounce tins at fifty-nine cents per ounce, cash ten days from delivery; delivery to be had from a March, 1887, shipment from the factory in Europe, subject to manufacturers’ clauses and war risks.
“(Signed.) St. JOH27 BROTHERS.”
The defendants sought to show that said agreement was entered into by them upon the representations…
2Cases cited4 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Benton v. . MartinNew York Court of Appeals · 1873
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Eastman v. . ShawNew York Court of Appeals · 1875
3Cited by36 opinions
- Uihlein v. . MatthewsNew York Court of Appeals · 1902
- Case v. Phœnix Bridge Co.New York Court of Appeals · 1892
- Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
- Emmett v. . PenoyerNew York Court of Appeals · 1897
- Gordon v. Parke & Lacy Machinery Co.Washington Supreme Court · 1894
31 more not listed; retrieve them via the Exa API.