Alsens American Portland Cement Works v. Degnon Contracting Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court.. The nature of the action and the facts, so far as material, are stated in the opinion. It was a question for the jury whether the acts of alleged waiver constituted a waiver of the time limit.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court.. The nature of the action and the facts, so far as material, are stated in the opinion. It was a question for the jury whether the acts of alleged waiver constituted a waiver of the time limit. (Abbott’s Civil Jury Trial [3d ed.], 609; Beltz v. City of Yonkers, 148 N. Y. 67; Smith v. Alken, 102 N. Y. 870; Smith v. Brady, 17 N. Y. 173.) The acceptance of orders under the…
1Opinion of the CourtCollin, J.
The action is to recover the purchase price, at the rate of one dollar and sixty-two cents per barrel, of cement sold by the plaintiff to the defendant. The trial justice directed a verdict based upon the purchase price of one dollar and forty-one cents per barrel. A question to be determined, under proper exceptions, is whether or not there was any evidence creating a question of fact to be submitted to and determined by the jury.
The evidence is free of contradiction. The undisputed facts, briefly and adequately stated, are: In May, 1909, the parties entered into a contract, which provided…
2Cases cited6 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Clark v. . WestNew York Court of Appeals · 1908
- Zwietusch v. LuehringWisconsin Supreme Court · 1914
- Robinson v. Pennsylvania Fire InsuranceSupreme Judicial Court of Maine · 1897
- Hotchkiss v. . City of BinghamtonNew York Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- Caisse Nationale De Credit Agricole, a French Banking Corporation v. Cbi Industries, Incorporated, a Delaware Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1996
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Equimark Commercial Finance Company v. C.I.T. Financial Services Corporation (Formerly Universal C.I.T. Credit Corporation)Court of Appeals for the Third Circuit · 1987
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
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