Mawhinney v. Millbrook Woolen Mills, Inc.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1919, unanimously affirming a judgment in favor of "plaintiff entered upon a decision of the court at a Trial Term without a jury. The order as originally placed invoked the National Defense Act, required precedence, and excused delay in the performance of plaintiff’s contract. (National Defense Act, § 120; 39 Stat. 213; Comp.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1919, unanimously affirming a judgment in favor of "plaintiff entered upon a decision of the court at a Trial Term without a jury. The order as originally placed invoked the National Defense Act, required precedence, and excused delay in the performance of plaintiff’s contract. (National Defense Act, § 120; 39 Stat. 213; Comp. St. 1916, § 3115 G; Stewart v. Stone, 127 N. Y. 500; Dolan v. Rogers, 149 N. Y. 489; Heine v. Meyer, 61 N. Y. 171; Baily v. De…
1Opinion of the CourtCrane, J.
On the 9th day of February, 1917, the plaintiff and the defendant entered into a contract in writing wherein and whereby the defendant agreed to manufacture, sell and deliver to the plaintiff one hundred pieces of woolens at the price of $1.75 per yard. Deliveries were to be'made during the months of May, June and July in the year 1917. ‘ The only deliveries made were ten pieces for which the plaintiff duly paid. The balance of the order- the defendant failed to manufacture and deliver. The time for the delivery of the remaining ninety pieces of woolens was extended until the latter part of…
2Cases cited4 opinions
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Oakman v. BoyceMassachusetts Supreme Judicial Court · 1868
- Le Gendre v. Scottish Union & National InsuranceNew York Court of Appeals · 1906
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- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
- Travelers Insurance v. PomerantzNew York Court of Appeals · 1927
- Perkins v. Guaranty Trust Co.New York Court of Appeals · 1937
- Adler v. . ZimmermanNew York Court of Appeals · 1922
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