A. A. Sutain, Ltd. v. Montgomery Ward & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEager, J.
This action was brought to recover for breach of alleged contract, made on or about April 12, I960, whereby the defendant agreed to purchase from the plaintiff certain goods at an agreed price. The plaintiff alleges that it duly performed all the terms of the contract but that the defendant refused to accept delivery of the goods. A jury verdict was rendered in favor of plaintiff but the trial court, having reserved decision on a motion to dismiss made at the close of plaintiff’s case mid renewed at the close of the entire case, set aside the verdict and granted the motion.
The dismissal of…
2Cases cited7 opinions
- Garzo v. Maid of the Mist Steamboat Co.New York Court of Appeals · 1952
- Joint Stock Co. v. National City BankNew York Court of Appeals · 1925
- Ward v. Terry & Tench Construction Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Ward v. . Terry and Tench Construction CompanyNew York Court of Appeals · 1907
- Harmon National Real Estate Corp. v. EganNew York Supreme Court · 1930
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- Lewis v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1986
- Bowditch v. 57 Laight Street Corp.New York Supreme Court · 1981
- Prentice Corp. v. MartinDistrict Court, E.D. New York · 1986
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