Legal Opinion
Marcus Co., Inc. v. K.L.G. Baking Co., Inc.
Supreme Court of New Jersey
Decided January 13, 1939PublishedCited by 16 opinions
1Opinion of the Court
The opinion of the court was delivered by
Heher, J.
Plaintiff sued to recover damages for the alleged breach of a contract (the date of the asserted contractual undertaking is not specified) for the sale and delivery by defendant to it of “four Used Rotary Baking Ovens * * * on or before May 15th, 1937.”
It was pleaded that the delivery “date” thus “designated was agreed to be of the essence of the contract for the benefit and advantage of both parties, in that, first, the defendant was in the process of erecting a new baking oven and required the space occupied by those sold to plaintiff, and…
2Cases cited5 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Czarnikow-Rionda Co. v. Federal Sugar Refining Co.New York Court of Appeals · 1930
- Bartolotta v. CalvoSupreme Court of Connecticut · 1930
- Cruthers v. DonahueSupreme Court of Connecticut · 1912
- Cameron Coal & Mercantile Co. v. Universal Metal Co.Supreme Court of Oklahoma · 1910
3Cited by16 opinions
- Vanguard Telecommunications, Inc. v. Southern New England Telephone Company Csx Corporation, and LightnetCourt of Appeals for the Third Circuit · 1990
- Filmlife, Inc. v. Mal" Z" Ena, Inc.New Jersey Superior Court Appellate Division · 1991
- Gulf Chem. & Metallurgical v. Sylvan Chem.New Jersey Superior Court Appellate Division · 1973
- WINOKA VILLAGE, INC. v. TateNew Jersey Superior Court Appellate Division · 1951
- Seaman v. US Steel CorporationNew Jersey Superior Court Appellate Division · 1979
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