Levant American Commercial Co. v. W. Wells & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, W. Wells & Co., Inc., 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 22d day of April, 1918, upon the verdict of a jury rendered by direction of the court, 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.
1Opinion of the Court
Shearn, J.:
This is an appeal by defendant from a judgment for $13,778.95 entered upon a directed verdict.
The action was brought for breach of a contract by which defendant agreed to sell to the plaintiff 100 tons of sulphate of copper. The contract, which was dated September 27, 1916, contained the following clause governing delivery: “ Delivery — partially or in whole, buyers option, at any time not later than December 31st, 1916.” On November 10, 1916, plaintiff wrote defendant stating that there was a possibility of plaintiff’s making a shipment of the 100 tons on a ship scheduled to sail…
2Cases cited3 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Wells v. . KelseyNew York Court of Appeals · 1867
3Cited by9 opinions
- People ex rel. Four Park Avenue Corp. v. LillyAppellate Division of the Supreme Court of the State of New York · 1942
- Beardsley v. Nieblo Mfg. Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Colonial Roofing Corp. v. John Mee, Inc.New York Supreme Court · 1980
- Weisberg v. Art Work ShopAppellate Division of the Supreme Court of the State of New York · 1929
- Melzer v. ZimmermanNew York Supreme Court · 1922
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