E. Richard Meinig Co. v. United States Fastener Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, United States Fastener Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of June, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, United States Fastener Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of June, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes. This is an action by a buyer against the seller for damages for the breach of a contract for the sale and delivery of 300,000 gross self-piercing glove clasps. The plaintiff, a Pennsylvania corporation, was a large…
1Opinion of the Court
Laughlin, J.:
Counsel for the. appellant contends that the acceptance of the order by his client modified the plaintiff’s proposed order by substituting for the .plaintiff’s unlimited discretion with respect *528to the minimum number of gross to be ordered each month to answer its requirements, which he claims might have continued the contract indefinitely, a requirement that the goods should be called for in such quantities that all of them would be taken within a reasonable time regardless of plaintiff’s requirements, and, therefore, constituted a rejection thereof and a counter offer requiring…
2Cases cited13 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Marks v. . CowdinNew York Court of Appeals · 1919
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
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3Cited by2 opinions
- New Hampshire Insurance v. Wellesley Capital Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Glickstein & Terner, Inc. v. Sheffield Glass Bottle Co.Appellate Division of the Supreme Court of the State of New York · 1925