E. W. Bliss Co. v. United States Incandescent Gas Light Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 21, 1894, which affirmed a judgment in favor of defendant, entered upon a decision of the court dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. Neither delivery nor tender of the dies was hecessary to put the defendant in default.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 21, 1894, which affirmed a judgment in favor of defendant, entered upon a decision of the court dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. Neither delivery nor tender of the dies was hecessary to put the defendant in default. A notice that the dies were ready and a demand of payment was an offer to deliver upon payment, and was enough. (2 Kent’s Comm. 505; Lobdell v. Hopkins, 5…
1Opinion of the CourtHaight, J.
This action was brought to recover the contract price for the manufacture of certain metallic dies ordered by the defendant. The complaint was dismissed at the conclusion of the plaintiff’s testimony. The question presented is as to whether the evidence is sufficient to authorize a recovery.
On the 15th day of July, 1890, the plaintiff, through its superintendent, Charles L. Hart, at the request of the defendant’s general manager, William J. Montgomery, made an estimate of the cost of constructing certain specified metal dies, to be used by the defendant in the manufacture of gas burners,…
2Cited by3 opinions
- Rubber Trading Co. v. Manhattan Rubber Manufacturing Co.New York Court of Appeals · 1917
- Chambers v. AustinAppellate Division of the Supreme Court of the State of New York · 1901
- Schiff v. Winton Motor Car Co.Appellate Terms of the Supreme Court of New York · 1915