Goodyear v. H. J. Koehler Sporting Goods Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,- H. J. Koehler Sporting Goods Company, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 9th day of January, 1913, affirming a judgment of the Municipal Court of the City of New York in plaintiff’s favor.
1Opinion of the Court
Scott, J.:
The sole question in this case is whether or not the contract between the parties was void for lack of mutuality. Such a lack exists where one is bound and the other is not.
In the present case the plaintiff agreed to purchase and accept from the defendant a specified number of automobiles, depositing a sum of money to be credited as part payment, in advance, of thirty-five dollars on each automobile accepted. Nowhere in the contract does the defendant agree to sell and deliver the automobiles, or any of them, unless a schedule of delivery dates may be considered such an agreement.…
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- Harms v. SternDistrict Court, S.D. New York · 1915
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