Legal Opinion
Henderson Tire & Rubber Co. v. P. K. Wilson & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 1922Published
1Opinion of the Court
Davis, J.:
The parties entered into a written contract for the sale of automobile tires of certain specified sizes and quality which were to be sold abroad. The contract has been performed in part, and the defendants, the purchasers, refuse to take and pay for the remaining portion of the tires they had agreed to take under their contract. The plaintiff has not manufactured and tendered the remaining portion of the tires, nor has it given notice of its election to rescind the contract and sue for damages sustained by non-performance on the part of the defendants. The time for delivery under…
2Cases cited9 opinions
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Elterman v. . HymanNew York Court of Appeals · 1908
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- Strasbourger v. . LeerburgerNew York Court of Appeals · 1922
- Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.New York Court of Appeals · 1917
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