Roy Realty Co. v. B. Altman & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, B. Altman & Co., from an order of the Supreme Court, made at the New York Special Term, bearing date the 28th day of April, 1920, and entered in the office of the clerk of the county of New York, overruling the •defendant’s demurrer to the complaint and granting leave to the defendant to serve an answer.
1Dissent
Page, J. (dissenting):
The action is brought to recover as damages' the difference between the contract price and the market value for failure to deliver certain goods purchased by the “ Hotel Seville ” from the defendant. The contract for the sale of these goods was entered into on June 1, 1915, and provided for “ delivery — as soon as possible.” The plaintiff alleges the assignment of the contract to it and the assumption on its part of all the terms and conditions of the contract on the part of the Hotel Seville “ to be performed; ” that though more than a reasonable time for the delivery…
Also in this document: Concurrence.
2Cases cited3 opinions
- Sentenne v. KellyNew York Supreme Court · 1891
- National Cash Register Co. v. McCannNew York Supreme Court · 1913
- Work v. BeachNew York Supreme Court · 1890