John F. Trainor Co. v. G. Amsinck & Co.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, The John F. Trainor Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of January, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of January, 1921, denying plaintiff’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Clarke, P. J.:
The action was brought to recover damages for breach of a contract made by a written proposition of the plaintiff to sell and deliver cotton yarn, accepted in writing by the defendant, *694The quantity ordered was 29,000 pounds of 8 ¡1 soft twist, that is, “a thread that measures eight times 840 yards to a pound.” The contract provided: “ This order is taken subject to discontinuance or cancellation only in case of fires, strikes, lockouts or any unforeseen casualty at your mill or that of our mill where the yarns are to be made, and in that event deliveries to be made proportionate…
2Cases cited10 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Lawson v. . HoganNew York Court of Appeals · 1883
- Brede v. . Rosedale Terrace Co.New York Court of Appeals · 1915
- Myers v. . De MierNew York Court of Appeals · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Neverfail Lighter Co. v. BlumAppellate Division of the Supreme Court of the State of New York · 1922
- Temerson v. Esskay Dress Corp.Appellate Terms of the Supreme Court of New York · 1922
- Forsstrom v. Utility Steel Co.New York City Court · 1928
- John F. Trainor Co. v. G. Amsinck & Co.Appellate Division of the Supreme Court of the State of New York · 1923