Lipschitz v. Napa Fruit Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. This cause comes here on a judgment entered oh May 11, 1914, in favor of the defendant in error for the sum of $3,760.13. The plaintiff in error was defendant below, and'is hereinafter referred to as defendant. The defendant in error was plaintiff below, and is hereinafter referred to as plaintiff.
1Opinion of the Court
ROGERS, Circuit Judge.
This is an action upon a contract for the sale of prunes. The plaintiff sold to defendant 4,500 boxes of Clover Blossom prunes, which were to be shipped in accordance with the terms of a certain contract. It was denied in the answer, but admitted at the trial, that 3,000 of these boxes were delivered to defends ant, atid accepted and paid for by him, in accordance with the terms of the agreement. But the claim of plaintiff as to the remaining 1,500 boxes was that it tendered them to defendant on various occasions in New York in accordance with the terms of the contract,…
2Cases cited14 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Montalet v. MurraySupreme Court of the United States · 1807
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
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3Cited by12 opinions
- Harper v. HochstimCourt of Appeals for the Second Circuit · 1921
- Higgins v. California Prune & Apricot Growers, Inc.Court of Appeals for the Second Circuit · 1926
- Metropolitan Life Ins. Co. v. KaneCourt of Appeals for the Seventh Circuit · 1941
- United States v. Four Parcels of LandDistrict Court, S.D. New York · 1937
- Deutschle v. WilsonCourt of Appeals for the Eighth Circuit · 1930
7 more not listed; retrieve them via the Exa API.