Legal Opinion
John F. Trainor Co. v. G. Amsinck & Co.
New York Court of Appeals
Decided July 13, 1923PublishedCited by 26 opinions
1Opinion of the CourtAndrews, J.
We have here presented squarely the question whether under an executory contract for the purchase and sale of goods, delivery to be made within a reasonable time, the vendee after waiting for what in fact is such a time, may rescind the contract because of non-delivery, or whether he must make a demand for delivery before a reasonable date thereafter fixed by Mm and may only rescind if tMs demand is not complied with.
The general rule as to rescission of executory contracts is well understood. One party may not avail Mmself of tMs remedy because of a slight breach but only.for one substantial…
2Cases cited8 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Lawson v. . HoganNew York Court of Appeals · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Richard v. Credit SuisseNew York Court of Appeals · 1926
- United Air Lines, Inc. v. Austin Travel Corporation, Larry Austin, Jeffrey Austin, Appeal of Austin Travel CorporationCourt of Appeals for the Second Circuit · 1989
- A. B. Murray Co. v. Lidgerwood Manufacturing Co.New York Court of Appeals · 1926
- Mintle v. SylvesterSupreme Court of Iowa · 1926
- Unique Watch Crystal Co., Inc. v. KotlerAppellate Court of Illinois · 1951
21 more not listed; retrieve them via the Exa API.