E. Stuffer & Co. v. Carbondale Mills, Inc.
New York Supreme Court
Appeal by. the defendant from a judgment rendered in the City Court of the city of New York in favor of the plaintiff, after a trial before the’ court and a jury, and from an order denying defendant’s motion to set aside the verdict and for a new trial.
1Opinion of the CourtLydon, J.
Plaintiff sued to recover damages for breach of contract for failure to deliver certain merchandise. The goods were to be delivered in installments, and each installment was to be paid for in accordance with the following terms of payment, to wit: “Terms: 2/10 x 30.” Four deliveries were made and invoices sent for each. Plaintiff failed to pay any of the invoices according to the terms of the contract, being late on every payment from eight to thirty-seven days. Defendant pleaded justification in refusing to proceed with the contract by reason of plaintiff’s delinquent payments for…
2Cases cited2 opinions
- E. Heller Brother v. . Continental MillsNew York Court of Appeals · 1922
- E. Heller & Brother v. Continental MillsAppellate Division of the Supreme Court of the State of New York · 1921