Asahel Wheeler Co. v. Mendleson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ira Mendleson 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 Albany on the 31st day of March, 1917, upon the decision of the court after a trial at the Albany Special Term.
1Opinion of the Court
Lyon, J.:
This is an action to recover damages for breach of a contract entered into between the parties hereto of date November 1, 1914, by which the defendants agreed to sell and the plaintiff agreed to buy “ their supply of Caustic Soda packed in barrels, 76 per cent test at $2.30 per cwt. * * * Challenge Lye, 2 doz. case * * * Hudson Lye, 2 doz. case. * * * Quantity not to exceed 25 tons delivered. Prices guaranteed from any decline on our part. * * * Time of delivery during 1915. * * * Terms. Payable at 30 days from date of invoice * *
Concededly, the term of the running of the contract…
2Cases cited2 opinions
- New York Central Iron Works Co. v. United States Radiator Co.New York Court of Appeals · 1903
- Moore v. American Molasses Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by6 opinions
- Orange & Rockland Utilities, Inc. v. Amerada Hess Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Mathieson Alkali Works v. Virginia Banner Coal Corp.Supreme Court of Virginia · 1927
- William C. Atwater & Co. v. Terminal Coal Corp.District Court, D. Massachusetts · 1940
- Downey v. ShipstonAppellate Division of the Supreme Court of the State of New York · 1923
- Homestake Mining Co. v. Washington Public Power Supply SystemDistrict Court, N.D. California · 1979
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