Legal Opinion
Plunkett v. Comstock, Cheney Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 1925PublishedCited by 4 opinions
1Opinion of the Court
McAvoy, J.:
There are two causes of action alleged on two contracts for the sale of specially selected maple and basswood lumber by plaintiffs to defendant. The making of the contracts is admitted. A portion of the lumber specified in each contract was delivered by plaintiffs and paid for by defendant during the year 1920, which was the time specified for delivery under tbe contracts. It is admitted that at defendant’s special instance and request plaintiffs withheld tender and delivery of the lumber remaining undelivered up to and including the 12th day of December, 1921. The breach alleged…
2Cases cited5 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Henderson Tire & Rubber Co. v. P. K. Wilson & Son, Inc.New York Court of Appeals · 1923
- Estes v. Curtiss Aeroplane & Motor Corp.Appellate Division of the Supreme Court of the State of New York · 1920
- Estes v. . Curtiss Aeroplane and Motor CorporationNew York Court of Appeals · 1922
3Cited by4 opinions
- Gittlitz v. LewisNew York Supreme Court · 1961
- Mignon v. Tuller Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- Hiltop Sand Corp. v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1929
- Excello Hosiery Mills v. HirschNew Jersey Court of Chancery · 1935