Carleton v. . Lombard, Ayres Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1894, which affirmed a judgment in favor of defendant dismissing the complaint, entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1894, which affirmed a judgment in favor of defendant dismissing the complaint, entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The contract of January 10, 1887, between the parties hereto was an executory contract for the sale of oil to be manufactured by the defendant. (C. I. Co. v. Pope, 108 N. Y. 233.) Upon an executory contract for the sale of goods by a…
1Opinion of the CourtO’Brien, J.
The plaintiffs sought to recover damages in this action for the breach of an executory contract for the sale of goods. The defendant is a domestic corporation, engaged in refining crude petroleum for sale and export, and both parties to the action were members of the Eew York Produce Exchange. On the 10th of January, 1881, the parties entered into a contract in writing, which, by its terms, was made subject to the rules of the exchange, whereby, the defendant agreed to sell and deliver to the plaintiffs a large quantity of refined petroleum. The following is the material part of the contract…
2Cases cited20 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- White v. . MillerNew York Court of Appeals · 1877
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Reed v. . RandallNew York Court of Appeals · 1864
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3Cited by81 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Ripley v. StorerNew York Court of Appeals · 1956
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Matter of LeeNew York Court of Appeals · 1917
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