Isaacs v. . New York Plaster Works
New York Court of Appeals
• Appeal from judgment of the General Term of the Superior Oourt of the city of New York, affirming a judgment in favor of defendant entered upon an order dismissing plaintiff’s complaint on trial. The action was brought to recover damages for an alleged breach of a contract to deliver a quantity of plaster stone.
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• Appeal from judgment of the General Term of the Superior Oourt of the city of New York, affirming a judgment in favor of defendant entered upon an order dismissing plaintiff’s complaint on trial. The action was brought to recover damages for an alleged breach of a contract to deliver a quantity of plaster stone. The complaint alleged, and defendant’s evidence tended to show, that on or about July 1, 1872, defendant contracted by paroi to ship from Hova Scotia and to deliver to plaintiff at a dock in New York, or Williamsburgh, as plaintiff might designate on arrival, 3,000 tons of plaster…
1Opinion of the CourtAndrews, J.
If, by the contract, the defendant had the whole season in which to deliver the plaster, and was not, under any circumstances, bound to deliver any part of it until the very close, the complaint was properly dismissed for two reasons; first, the refusal to deliver the cargoes of the “ Kedron” and “ Simpson,” which arrived in December, before the close of the season, was not a breach of the defendant’s contract, and, second, the failure of the defendant to deliver the plaster at the close of the season, gave no right of action to the plaintiff, unless he was then ready to receive and pay for…
2Cited by3 opinions
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Azema v. LevyCity of New York Municipal Court · 1889
- Reid v. America Co.Appellate Terms of the Supreme Court of New York · 1912