C. Itoh & Co. v. Boyer Oil Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Boyer Oil Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of February, 1921, upon the report and award of an arbitrator appointed to hear, ascertain and determine the whole issues, and from an order, entered in said clerk’s office on the same day, denying defendant’s motion for a stay and to vacate, modify and correct the award of the arbitrator,…
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Appeal by the defendant, Boyer Oil Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of February, 1921, upon the report and award of an arbitrator appointed to hear, ascertain and determine the whole issues, and from an order, entered in said clerk’s office on the same day, denying defendant’s motion for a stay and to vacate, modify and correct the award of the arbitrator, and also from an order, entered in said clerk’s office on the same day, confirming the arbitrator’s award herein.
1Opinion of the Court
Smith, J.:
The plaintiff and defendant entered into a contract for the sale and purchase of approximately 2,463 bags of hemp seed, as follows:
« May 28, 1920.
“ Contract No. 725.
“ Messrs. C. Itoh & Co.,
“ 233 Broadway,
“ New York, N. Y.:
“ Gentlemen— We hereby beg to confirm having this day purchased from you approximately twenty-four hundred sixty-three (2463) bags of hempseed at four cents (4c) per pound, f. o. b. Seattle, Wash., bags included.
“ Quality: Like sample submitted.
“ Shipment: Early shipment to Wilmington, N. C.
“ Terms: Draft against shipping documents payable on • arrival of the goods…
2Cases cited2 opinions
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Sweet v. . MorrisonNew York Court of Appeals · 1889
3Cited by8 opinions
- Evansville-Vanderburgh School Corp. v. Evansville Teachers Ass'nIndiana Court of Appeals · 1986
- In re SchwartzNew York Supreme Court · 1925
- In re Arbitration between Cia De Navigacion "Julia" S.A. & P. D. Marchessini & Co.District Court, S.D. New York · 1959
- In re the Arbitration between Everitt & Board of EducationNew York Supreme Court · 1928
- In re the Arbitration between Kessler & National Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1959
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