Richards & Co. v. Wreschner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Leo Wreschner and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of November, 1915, upon the decision of the court, a jury having been waived. Judgment affirmed, with costs, on opinion of Weeks, J.
1Opinion of the Court
Present— Clarke, P. J., McLaughlin, Laughlin, Smith and Page, JJ.
The following is the opinion of Mr. Justice Weeks:
Weeks, J.:
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 per. formance 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…
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
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3Cited by16 opinions
- Piaggio v. SomervilleMississippi Supreme Court · 1918
- Palo and Dodini v. City of OaklandCalifornia Court of Appeal · 1947
- Krulewitch v. National Importing & Trading Co.Appellate Division of the Supreme Court of the State of New York · 1921
- 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
11 more not listed; retrieve them via the Exa API.