Astra v. Sugar Products Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sugar Products Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of September, 1916, denying its motion for judgment on the pleadings, consisting of a complaint and answer.
1Opinion of the Court
Davis, J.:
This action is brought on a written instrument, in which, among other things, the plaintiff agrees to buy from defendant, and defendant agrees to sell to the plaintiff, at certain prices during a period of three years from July 1,1914, 6,000 to 12,000 tons of Sari Domingo or Cuban molasses, buyer’s option, to be delivered. The deliveries are to be made in cargoes of about 2,500 tons, but if the buyer should want less than a cargo at a time, the seller agrees to split a cargo and deliver a part of it. We have in the instrument all of the essential elements of a complete and…
2Cases cited2 opinions
- Page v. CookMassachusetts Supreme Judicial Court · 1895
- Ramot v. SchotenfelsSupreme Court of Iowa · 1863
3Cited by8 opinions
- Ansorge v. KaneNew York Court of Appeals · 1927
- N. E. D. Holding Co. v. McKinleyNew York Court of Appeals · 1927
- Newburger v. American Surety Co.New York Court of Appeals · 1926
- Wilson v. WilsonCalifornia Court of Appeal · 1950
- Fincher v. Belk-Sawyer CompanyDistrict Court of Appeal of Florida · 1961
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