Waumbek Manufacturing Co. v. Alfandri
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis Alfandri and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of November, 1920, granting plaintiff’s motion for judgment on the pleadings consisting of a complaint and a demurrer.
1Opinion of the Court
Smith, J.:
The complaint,"which has been held good, seeks to charge the defendants with damages for breach of a contract of sale in failing to accept goods which the defendants, the buyers, agreed to accept. The failure to accept was on and before the eighth of April. A month thereafter and upon.the twelfth day of May the goods were resold and the difference between the contract price and the price realized upon the resale was $2,144, which is the amount of damages sought. It will be seen, therefore, that the action is for non-acceptance. By section 145 of the Personal Property Law,…
2Cited by4 opinions
- Bache & Co., Inc. v. International Controls Corp.District Court, S.D. New York · 1972
- Frankel v. Foreman & Clark, Inc.Court of Appeals for the Second Circuit · 1929
- Murarka v. Bachrack Bros.District Court, S.D. New York · 1953
- Winter v. American Aniline Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1923