Duncan v. Wohl, South & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wohl, South & Co., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Rockland on the 6th day of October, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of September, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment in favor of plaintiffs in an action to recover damages for the defendant’s alleged breach of a contract for the purchase of 900 pieces of fancy striped voile. Tender of performance is alleged on January 21, 1921, and a refusal by defendant to accept delivery. It is also alleged that since January 21, 1921, plaintiffs have been unable to find any market for the said merchandise within the city of New York, and in order to resell, traveling by plaintiffs’ agents was necessitated. The answer is a general denial and four separate defenses: (1) The Statute…
2Cases cited2 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- J. Spencer Turner Co. v. RobinsonAppellate Terms of the Supreme Court of New York · 1907
3Cited by9 opinions
- Gibson v. De La Salle InstituteCalifornia Court of Appeal · 1944
- Cain v. Grosshans & Petersen, Inc.Supreme Court of Kansas · 1966
- United States v. Sabin Metal CorporationDistrict Court, S.D. New York · 1957
- Farish Co. v. Madison Distributing Co.Court of Appeals for the Second Circuit · 1930
- Spring v. MoncrieffNew York Supreme Court · 1955
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