Legal Opinion
Olivier Straw Goods Corporation v. Osaka Shosen Kaisha
Court of Appeals for the Second Circuit
Decided June 11, 1928No. 314PublishedCited by 22 opinions
1Opinion of the CourtAugustus N. Hand, Circuit Judge
(after stating the facts as above). As between Nozaki and the libelant the contract was never in fact performed, because the goods were not shipped in June, July, or August, as the agreement required. The libelant could have rejected them, even if they had finally gone forward and reached New York, for time was of the essence, and the breach was in limine. Jones v. United States, 96 U. S. 24, 24 L. Ed. 644; Norrington v. Wright, 115 U. S. 188, 6 S. Ct. 12, 29 L. Ed. 366; Oshinsky v. Lorraine Mfg. Co. (C. C. A.) 187 F. 120; Hill v. Blake, 97 N. Y. 216; Bowes v. Shand (1877) 2 App. Cas. 455;…
2Cases cited13 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Pollard v. VintonSupreme Court of the United States · 1882
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Jones v. United StatesSupreme Court of the United States · 1878
- Atchison, Topeka & Santa Fe Railway Co. v. HaroldSupreme Court of the United States · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Aunt Jemima Mills Co. v. Lloyd Royal BelgeCourt of Appeals for the Second Circuit · 1929
- Copco Steel & Engineering Company v. S/S ALWAKIDistrict Court, S.D. New York · 1955
- Elgie & Co. v. S. S. "S. A. NEDERBURG"Court of Appeals for the Second Circuit · 1979
- General Foods Corp. v. The Felipe CamaraoCourt of Appeals for the Second Circuit · 1949
- ET Barwick Mills, Inc. v. Hellenic Lines LimitedDistrict Court, S.D. Georgia · 1971
17 more not listed; retrieve them via the Exa API.