Legal Opinion
Eustathopoulo v. Gillespie
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 1926PublishedCited by 4 opinions
1Opinion of the CourtBurr, J.
This action is to recover damages for breach of contract.
The complaint alleges that between the 25th day of November *180and the 10th day of December, 1914, a contract was made and entered into between the parties whereby plaintiffs agreed to purchase and defendants agreed to sell plaintiffs 3,000 bags of flour at the price of 36.35 francs per bag c.i.f. Salónica for prompt delivery, and alleges further the breach by defendants in failing to ship pursuant thereto.
The answer denies the material allegations as to the existence of a contract and admits non-delivery. The alleged contract is based on…
2Cases cited2 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Mahar v. ComptonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Gram v. Mutual Life InsuranceNew York Court of Appeals · 1950
- Machinery Utilities Co. v. FryAppellate Division of the Supreme Court of the State of New York · 1928
- Goldsmith v. WaterburyAppellate Division of the Supreme Court of the State of New York · 1962
- JPMorgan Chase Bank, National Ass'n v. HayesAppellate Division of the Supreme Court of the State of New York · 2016