Moore & Tierney, Inc. v. Roxford Knitting Co.
District Court, N.D. New York
At Law. Action by Moore & Tierney, Incorporated, against the Roxford Knitting Company, which counterclaimed. Action to recover $14,090.08, purchase price of knit goods sold and delivered. Defendant counterclaims for alleged damages for nonperformance of balance of contract.
Read the full summary
At Law. Action by Moore & Tierney, Incorporated, against the Roxford Knitting Company, which counterclaimed. Action to recover $14,090.08, purchase price of knit goods sold and delivered. Defendant counterclaims for alleged damages for nonperformance of balance of contract. Plaintiff answers to the counterclaim that orders of the United States government, which it was required to fill under the acts of Congress (National Defense Act June 3, 1916, c. 134, 39 Stat. 166, and Naval Appropriation Act March 4, 1917, c. 180, 39 Stat. 1168), made compliance with its contract on time impossible, and…
1Opinion of the Court
RAY, District Judge.
At the time war was declared between the United States of America and the Imperial Government of Germany the plaintiff, engaged in manufacturing knit underwear, had a valid contract or contracts with the defendant,"by the terms of which it was obligated to make and deliver to defendant certain quantities of woolen knit undershirts and drawers at agreed prices and at or within specified times. These contracts came into existence by way of ac copied orders, which were subject to delays or nondelivery by strikes, accidents, or for any reason beyond the control of plaintiff.…
2Cited by10 opinions
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Dorsey v. Oregon Motor StagesOregon Supreme Court · 1947
- L. N. Jackson & Co. v. Royal Norwegian GovernmentCourt of Appeals for the Second Circuit · 1949
- Wilson & Co. v. CurlettCourt of Appeals of Maryland · 1922
- Hanlen v. CrumleyLouisiana Court of Appeal · 1943
5 more not listed; retrieve them via the Exa API.