Legal Opinion
New York Bronze Powder Co. v. Benjamin Acquisition Corp.
Court of Appeals of Maryland
Decided August 25, 1998No. 6, September Term, 1997PublishedCited by 14 opinions
1Opinion of the Court
MARVIN H. SMITH, Judge (retired),
Specially Assigned.
This case presents the problem of whether a provision in a contract is a condition or a promise or both. The Court of Special Appeals in an unreported opinion reversed a trial court judgment and construed as a condition precedent a provision in a non-negotiable note/contract requiring surrender of the note in order to receive payment.
The facts relevant to this decision may be briefly stated.
New York Bronze Powder Company, Inc. (New York Bronze) entered into an agreement dated March 15,1990, with Benjamin Acquisition Corporation (Benjamin)…
2Cases cited13 opinions
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
- General Motors Acceptance Corp. v. DanielsCourt of Appeals of Maryland · 1985
- Slatt v. SlattNew York Court of Appeals · 1985
- West-Fair Electric Contractors v. Aetna Casualty & Surety Co.New York Court of Appeals · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Washington Properties, Inc. v. Chin, Inc.District of Columbia Court of Appeals · 2000
- Taylor v. Giant of Maryland, LLCCourt of Appeals of Maryland · 2011
- B & P ENTERPRISES v. Overland Equipment Co.Court of Special Appeals of Maryland · 2000
- Miller v. Bristol-Myers Squibb Co.District Court, D. Maryland · 2000
- Regal Savings Bank v. SachsCourt of Appeals of Maryland · 1999
9 more not listed; retrieve them via the Exa API.