Legal Opinion

Midland Linseed Products Co. v. Viall

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1925PublishedCited by 2 opinions

1Opinion of the Court

Sears, J.:

The plaintiff and defendants entered into a contract on November 5, 1919, for the sale by the plaintiff to the defendants of 150 barrels *93of linseed oil. The parts of the contract material to the matters considered in this opinion ere as follows:

“ The seller hereby sells and agrees to deliver, and the buyer hereby purchases and agrees to receive:
“ 150 barrels, containing about 50 gallons each, (7| pounds in a gallon) of pure Linseed Oil, for shipment in quantities as follows:

10 Bbls January 30 Bbls May — Bbls. September

10 “ February 30 “ June — “ October

20 “ March 25 “ July —■ “…

2Cases cited4 opinions

  1. Sattler v. . HallockNew York Court of Appeals · 1899
  2. Throckmorton v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
  3. S. W. Bridges & Co. v. BarryNew York Court of Appeals · 1923
  4. Sarachan & Rosenthal, Inc. v. Wilson & Co.New York Court of Appeals · 1925

3Cited by2 opinions

  1. Wolkind v. BermanAppellate Division of the Supreme Court of the State of New York · 1931
  2. Bisbee Linseed Corp. v. Paragon Paint & Varnish Corp.Court of Appeals for the Second Circuit · 1938

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