Bailey v. Elm City Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elm City Lumber Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 24th day of January, 1914, upon the decision of the court, a jury having been waived.
1Per curiam
The action is for breach of contract in the sale and delivery of a quantity of lumber which the defendant agreed to sell and to deliver to the plaintiff at Westfield, N. Y.
Plaintiff resides at Brocton, N. Y., and the defendant is a corporation at Newbern, N. C. The order for this lumber was placed in April, 1911, and required immediate shipment thereof.
Its receipt was acknowledged April 24, 1911, and the acknowledgment contained a recital that shipment would be made “in about as soon as possible, providing cars can be secured and providing we do not encounter unavoidable delays.”
From then on…
2Cases cited2 opinions
- Parke v. Franco-American Trading Co.New York Court of Appeals · 1890
- Rice, Barton & Fales Machine & Iron Co. v. Hoffman-Youmans Paper MillsAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- American Metal Co. v. NeumannAppellate Division of the Supreme Court of the State of New York · 1918