Seaver v. . Lindsay Light Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1921, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1921, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and granting a new trial. The Trial Term was correct in holding that the place of delivery was Chicago and that, therefore, plaintiff’s measure of damage was the difference between the contract price and the market price at Chicago, the place of delivery, at the time of the breach. The' Appellate Division erred in holding that the measure of…
1Opinion of the CourtMcLaughlin, J.
The defendant, in October, 1915, was located and doing business at Chicago, 111., and plaintiff’s assignor was located and doing business in London, England. About the time named they entered into a written contract, consisting of letters and cablegrams passing between their respective brokers, by which defendant agreed to sell and deliver to plaintiff’s assignor 5,544 pounds of thorium in six monthly shipments at the price of $4 per pound, c. i. f. London dock. Each shipment was to be paid for in Chicago in advance. Three shipments were made and paid for according to the contract, but…
2Cases cited3 opinions
- Thames & Mersey Marine Insurance v. United StatesSupreme Court of the United States · 1915
- Mee v. . McNiderNew York Court of Appeals · 1888
- Staackman, Horschitz & Co. v. CaryAppellate Court of Illinois · 1916
3Cited by29 opinions
- National American Corp. v. Federal Republic of Nigeria and Central Bank of NigeriaCourt of Appeals for the Second Circuit · 1979
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
- Badhwar v. Colorado Fuel and Iron CorporationDistrict Court, S.D. New York · 1955
- East Coast Oil Co., S. A. v. CommissionerUnited States Board of Tax Appeals · 1934
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