Richards & Co. v. Wreschner
New York Supreme Court
Action by Richards & Company, Incorporated, against Leo Wreschner and others, doing business under the name and style of Beer, Sondheimer & Company, and Beer, Sondheirner & Company, American Branch. Judgment for plaintiff.
1Opinion of the CourtWeeks, J.
[1] This case presents the interesting question of whether or not the defense of impossibility of performance, which is claimed to have arisen from European war conditions, will excuse the obligor, a German copartnership, from the breach of an unconditional contract made in New York and providing for performance in this country. The plaintiff claims damage in the sum of $3,460.80 by reason of defendants’ failure to deliver the last two shipments pursuant to the following contract;
“Office, 81 Fulton Street, New York, January 28, 1914. Beer, Sondheirner & Company, New York, agree to sell, and…
2Cases cited16 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Piaggio v. SomervilleMississippi Supreme Court · 1918
- Palo and Dodini v. City of OaklandCalifornia Court of Appeal · 1947
- Kiyoichi Fujikawa v. Sunrise Soda Water Works Co.Court of Appeals for the Ninth Circuit · 1946
- Central Hanover Bank & Trust Co. v. Siemens & Halske AktiengesellschaftDistrict Court, S.D. New York · 1936
- Aronson v. CarobineCity of New York Municipal Court · 1927
6 more not listed; retrieve them via the Exa API.