Legal Opinion
Outlet Embroidery Co. v. Derwent Mills, Ltd.
New York Court of Appeals
Decided July 8, 1930PublishedCited by 63 opinions
1Opinion of the Court
Cardozo, Ch. J.
The question to be determined is whether a complaint is sufficient, and this depends upon the question whether documents made part of it contain the essentials of a contract.
The defendant, by Brucks & Peyser, its agents, wrote
the plaintiff as follows:
“ June 15, 1929.
“ Outlet Embroidery Co., “412 6th Avenue,
“ New York City.
“ Gentlemen : Enclosed please find copy of your order placed with us today, terms on same 3 /10 days, delivery as soon as possible.
“ We have cabled this order today to England as these goods will be made up special for you.
“ Please send us your confirmation of…
2Cases cited5 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
- Sun P. P. Assn. v. . Remington P. P. Co.New York Court of Appeals · 1923
- Franklin Sugar Refining Co. v. LipowiczNew York Court of Appeals · 1928
3Cited by63 opinions
- United California Bank v. Prudential Insurance Co. of AmericaCourt of Appeals of Arizona · 1983
- Beanstalk Group, Inc. v. Am General Corporation and General Motors CorporationCourt of Appeals for the Seventh Circuit · 2002
- Futuresource LLC v. Reuters Limited Reuters S.A. And Reuters America Inc.Court of Appeals for the Seventh Circuit · 2002
- SmithKline Beecham Corp. v. Apotex Corp.District Court, N.D. Illinois · 2003
- Bank of New York v. Amoco Oil Co.Court of Appeals for the Second Circuit · 1994
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