Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.
New York Court of Appeals
Appeal from á judgment, entered July 8, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendant for judgment on the pleadings and granted said motion. The judgment on demurrer touching as it did a defect in pleading is not res adjudicata. (Hughes v. Blake, 1 Mason, 519; Greeley v. Smith, 1 Woost. & M. 181; Carmony v. Hooker, 5 Penn.
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Appeal from á judgment, entered July 8, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendant for judgment on the pleadings and granted said motion. The judgment on demurrer touching as it did a defect in pleading is not res adjudicata. (Hughes v. Blake, 1 Mason, 519; Greeley v. Smith, 1 Woost. & M. 181; Carmony v. Hooker, 5 Penn. St. 305; Wilbur v. Gilmore, 21 Pick. 253; Vanlandingham v. Ryan, 17 Ill. 26; Harding v. Hale, 2 Gray, 399; Cromwell v. County of Sac, 94 U. S. 551;…
1Opinion of the CourtCardozo, J.
The pleadings show a written contract, dated April 10, 1919, by which the plaintiff agrees to buy and the defendant to sell two hundred pieces of tricotine at $3.02§ per yard, delivery to be completed by June 1, 1919. The plaintiff is given the “ privilege * * * to confirm more of the above if M. Lurie Woolen Company [the defendant] can get more.” The two hundred pieces were delivered and paid for. The plaintiff, exercising its option, demanded as much more of the cloth as defendant could procure. The defendant confirmed the exercise of the option, and delivered sixteen additional pieces with…
2Cases cited6 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Genet v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
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- 166 Mamaroneck Ave. Corp. v. 151 East Post Road Corp.New York Court of Appeals · 1991
- Blackhawk Heat. & P. Co., Inc. v. Data Lease Fin. Corp.Supreme Court of Florida · 1974
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