Standard Chemicals & Metals' Corp. v. Waugh Chemical Corp.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1920, which affirmed an order of Special Term .overruling a demurrer to a defense in the answer. The following question was certified: “ Is the defense contained in- the defendant’s second amended answer herein insufficient in law upon the face thereof? ” The defense is insufficient in law upon the face thereof.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1920, which affirmed an order of Special Term .overruling a demurrer to a defense in the answer. The following question was certified: “ Is the defense contained in- the defendant’s second amended answer herein insufficient in law upon the face thereof? ” The defense is insufficient in law upon the face thereof. The courts below misconstrued the statute and the contract. (Crown Embroidery Works v. Gordon, 190 App. Div. 472; Douglas v. Coonley, 156 N. Y.…
1Opinion of the CourtCardozo, J.
By contract dated September 28, 1917, the plaintiff agreed to sell and the defendant to buy 1,600 tons of oleum at $45 per ton, deliveries to be made at the rate of 200 tons monthly, beginning November, 1917, and ending June, 1918, upon shipping instructions to be supplied by the defendant. A modification of the contract in November, 1917, gave the defendant the privilege of reducing the monthly installments, and thus extending the time for payment, but a reasonable time after June, 1918, was to be the limit of postponement.
In September, 1918,' 1,189.2 tons had been accepted and paid for in…
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