Pierson & Co. v. American Steel Export Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American Steel Export Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of April, 1920, upon the decision of the court rendered after a trial at the New York Trial Term, the parties having consented in open court to the discharge of the jury, and also from an order entered in said clerk’s office on the 20th day of April, 1920, amending the decision.
1Opinion of the Court
Greenbaum, J.:
The action was brought to recover damages for an anticipatory breach of contract. In April, 1917, the plaintiff agreed *556to sell and the defendant to buy a quantity of checkered steel plates which it was understood by the parties were intended for export to Japan, shipments to be made during June and July, 1917. The contract consisted of two orders numbered 201 and 237 respectively. On June ninth, twelfth, eighteenth and twenty-first the defendant wrote to the plaintiff requesting it to make special effort to make delivery of all the goods during that month, the reason given being…
2Cases cited3 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Hess v. KaufherrAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Lagerloef Trading Co. v. American Paper Products Co.Court of Appeals for the Seventh Circuit · 1923
- John F. Trainor Co. v. G. Amsinck & Co.Appellate Division of the Supreme Court of the State of New York · 1922
- F. Kieser & Son Co. v. HallockAppellate Division of the Supreme Court of the State of New York · 1922
- Pierson & Co. v. Nederlandsch-Indische Maatschappij tot Voortzetting der Zaken Van Der LindeAppellate Division of the Supreme Court of the State of New York · 1922
- John F. Trainor Co. v. G. Amsinck & Co.Appellate Division of the Supreme Court of the State of New York · 1922