Windmuller v. Pope
New York Court of Appeals
This was an action to recover damages for alleged breach of a contract to purchase a quantity of iron. In January, 1880, the parties entered into a contract for the sale by plaintiffs and purchase by defendants of “ about twelve hundred tons old ñon, Vignol rails, for shipment from Europe at sellers’ option, by sail or steam vessels to Rew York, Philadelphia or Baltimore, at any time from May 1 to July 15,1880, at thirty-five dollars per ton, * * * deliverable in vessels at…
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This was an action to recover damages for alleged breach of a contract to purchase a quantity of iron. In January, 1880, the parties entered into a contract for the sale by plaintiffs and purchase by defendants of “ about twelve hundred tons old ñon, Vignol rails, for shipment from Europe at sellers’ option, by sail or steam vessels to Rew York, Philadelphia or Baltimore, at any time from May 1 to July 15,1880, at thirty-five dollars per ton, * * * deliverable in vessels at either of the above ports on arrival.” On or about June 12, 1880, defendants notified plaintiffs that they would not…
1Opinion of the Court
The following is an extract from the opinion:
“We think no error is presented upon the record which requires a reversal of the judgment. The defendants having on the 12th of June, 1880, notified the plaintiffs that they would not receive the iron rails or pay for them, and having informed them on the next day that if they brought the iron to Rew York they would do so at their own peril, and advised them that they had better stop at once attempting to carry out the contract, so as to make the loss as small as possible, the plaintiffs were justified in treating the contract as broken by the…
2Cases cited3 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Crabtree v. MessersmithSupreme Court of Iowa · 1865
3Cited by38 opinions
- American List Corp. v. U.S. News & World Report, Inc.New York Court of Appeals · 1989
- Tenavision, Inc. v. NeumanNew York Court of Appeals · 1978
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Todd v. . GambleNew York Court of Appeals · 1896
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