James McCutcheon & Co. v. Kimball

Appellate Terms of the Supreme Court of New York

James McCutcheon & Co. v. Kimball

136 Misc. 646, 241 N.Y.S. 630, 1930 N.Y. Misc. LEXIS 1230

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 23, 1930

StatusPublished

This text of 136 Misc. 646 (James McCutcheon & Co. v. Kimball) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James McCutcheon & Co. v. Kimball, 136 Misc. 646, 241 N.Y.S. 630, 1930 N.Y. Misc. LEXIS 1230 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

The plaintiff’s agents having stated that plaintiff was unable to deliver the fourth rug in less than six or eight weeks (which was more than a reasonable time as the order related to goods in stock), and the statement having been accepted by defendant as an anticipatory breach of the contract, the contract was rescinded. The buyer was not called upon to give any notice to perform thereafter. The manner of storing the three rugs did not amount to an acceptance by defendant. Property in the fourth rug never passed to the buyer.

The judgment is reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Lydon, Callahan and Peters, JJ.

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Per Curiam.

The plaintiff’s agents having stated that plaintiff was unable to deliver the fourth rug in less than six or eight weeks (which was more than a reasonable time as the order related to goods in stock), and the statement having been accepted by defendant as an anticipatory breach of the contract, the contract was rescinded. The buyer was not called upon to give any notice to perform thereafter. The manner of storing the three rugs did not amount to an acceptance by defendant. Property in the fourth rug never passed to the buyer.

The judgment is reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Lydon, Callahan and Peters, JJ.

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Bluebook (online)

136 Misc. 646, 241 N.Y.S. 630, 1930 N.Y. Misc. LEXIS 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-mccutcheon-co-v-kimball-nyappterm-1930.