Mawhinney v. Millbrook Woolen Mills, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George S. Mawhinney, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 19th day of November, 1921, upon the verdict of a jury rendered by direction of the court.
1Per curiam
The Court of Appeals has laid down the law of this case to the effect that the government contracts, beginning with the one of May 11,1917, took precedence of civilian contracts, and, in so far as they prevented performance of plaintiff’s contract, constituted a good defense for the delay or cancellation of it. (231 N. Y. 290.) Time was of the essence of the contract between plaintiff and defendant. The defendant contracted to deliver the goods in May, June and July. Whether the government contracts of May eleventh and July twenty-second, taking precedence of plaintiff’s contract, caused…
2Cases cited2 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Court of Appeals · 1921
3Cited by1 opinion
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Court of Appeals · 1922